These Terms and Conditions prescribe the terms and conditions of using the naked-portafilter.com website, which is owned by Kávékalmár Kft.
Service provider (Seller, Trader)
Name: Kávékalmár Kft
Registered office: 2000 Szentendre, Pomázi köz 12.
Mailing address: 2000 Szentendre, Pomázi köz 12.
Registration authority: Budapest Környéki Törvényszék Cégbírósága
Registered number: 13-09-157000
Tax number: 23948943-2-13
Representative: Gábor Laczkó
Telephone: +36 30 916 5817
E-mail: info@kavekalmar.hu
Website: naked-portafilter.com
Bank account number: 10918001-00000088-14790025
IBAN: HU54 1091 8001 0000 0088 1479 0025
SWIFT code: BACXHUHB
Web host: Viacom Kft., 2225 Üllő, Gyár utca 8., info@viacomkft.hu
Definitions
Parties: the Seller and the Buyer (you) jointly
Consumer: a natural person acting in a private rather than a professional capacity
Consumer contract: a contract where one of the parties is a consumer
Website: the naked-portafilter.com website, which qualifies as a means of distance communication
Contract: a sale and purchase contract concluded between the Seller and the Buyer in reliance on the Website and electronic correspondence
Means of distance communication: a solution that allows absent parties to make a declaration with a view to forming a contract. Such solutions include, in particular, standard forms without an addressee or address, standard letters, advertisements published in media outlets together with an order form, product catalogues, telephone, fax and any device allowing access to the internet
Distance contract: a consumer contract that is concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties, with the exclusive use of means of distance communication
Product: a tangible and movable thing that is offered for sale on the website
Trader: an entity or person acting for purposes relating to its trade, business, craft or profession;
Buyer/you: a person who makes an offer of a purchase and concludes a contract through the Website
Commercial guarantee: In the case of a contract between a consumer and a trader (hereinafter: consumer contract):
- a) a guarantee to perform the contract, undertaken by the trader voluntarily over and above, or in the absence of, a statutory obligation, or
- b) a statutory guarantee
within the meaning of the Hungarian Civil Code.
Scope, acceptance and modification
In addition to the relevant regulations, the terms of the contract formed between you and the Seller are determined by these General Terms and Conditions (hereinafter: GTC) and certain other information stated on the website. Therefore, these GTC include the rights and obligations that you and the Seller have, the terms under which contracts are formed, the deadlines for supplies, delivery and payment terms, liability rules, and the conditions of exercising the right to rescind a contract.
You are required to read these GTC before finalising your order. By purchasing products in the Seller’s web shop you accept the GTC, all of which will be incorporated into the contract formed between you and the Seller.
Subject to the relevant regulations, the Seller will be entitled to modify the provisions of the GTC. Please read the GTC carefully before every purchase you make. Any modification of the GCT will take effect when it is published on the website. A modification will not affect contracts that are concluded (orders that are confirmed) before its publication on the website.
Language and form of contracts
The language of the contracts that are covered by the GTC is English.
The contracts covered by the GTC will not qualify as written contracts and will not be filed or archived by the Seller.
E-invoicing
The Seller uses electronic invoices. By accepting the GTC, you grant your consent to the use of electronic invoices.
Prices
Prices are in USD and do not include VAT, nor custom fees and/or local taxes levied by the recepient countries in case of non-EU deliveries. Prices are for information purposes only, and the Seller reserve the right to change them.
Complaint handling and remedies
If you have any complaints in connection with a product or the Seller’s conduct, please write to:
- info@kavekalmar.hu
You can communicate your complaint to the trader in writing in connection with the conduct, actions or omissions of the trader or any person acting on its behalf that are directly related to the sale of the products to you.
Unless legislation of the European Union that is directly applicable in Hungary states otherwise, the trader will be required to give a meaningful response to your complaint in writing and to take action to have it communicated to you within thirty days. If the trader rejects your complaint, it will have to provide reasons for such rejection.
If the complaint is rejected, the trader is required to inform you in writing about which authority or dispute resolution body you can contact with your complaint to initiate an official procedure. The statement will have to include the address, telephone number, mailing address and e-mail address of the competent authority or the dispute resolution body that has jurisdiction on the basis of your permanent address or temporary place of stay. The statement will also have to state whether the trader will rely on dispute resolution in order to settle the consumer dispute.
Online dispute resolution platform
The European Commission has created a website where consumers can register and have the opportunity to settle disputes concerning online purchases by filling out a form, and thereby avoid a lawsuit. This allows consumers to effectively exercise their rights without being hampered by e.g. distance from the seller.
If you wish to make a complaint about a product or service purchased online and you do not necessarily want to file a lawsuit, you can use online dispute resolution. You can visit the platform at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Copyrights
The website qualifies as an original work of authorship, and every part of it is protected by copyrights. The unauthorised use of graphical images, software solutions and programming codes displayed or used on the website and the use of any application that allows the modification of the website or any part thereof is prohibited. Materials from the website or any database related to it may only be used, even with the copyright holder’s written authorisation, by referencing the website as the source of the material. Copyright holder: Kávékalmár Kft.
Severability
If any provision in these GTC is legally incomplete or invalid, the rest of the provisions will remain valid, and the applicable provisions of the relevant regulations will be valid instead of the incomplete or invalid provision.
Information on the main characteristics of the products
Information on the main characteristics of the products sold on the website will be included in the description of each product. Please note that the information stated on product pages is not definitive. In some cases, the images are for illustration only, and colours will not always match the actual colour of a given product.
Correction of data transmission errors, liability for the accuracy of information
Before finalising an order, you will have the opportunity to modify the information you provide at every stage of the ordering process (if you click on the Back button, the previous page will be loaded and you will be able to correct the information if you have already navigated to the next page). Please note that you will be responsible for providing the information correctly and accurately, because the product will be delivered and you will be billed on the basis of the information you provide. By placing an order with the Seller, you accept that the Seller will be entitled to recharge to you any cost and loss it may incur as a result of any misstated or otherwise inaccurate data. The Seller will not be held liable for any supply made on the basis of misstated or otherwise inaccurate data. Please note that a misstated e-mail address or an e-mail account that is full will prevent the delivery of the Seller’s order confirmation and the formation of a contract between you and the Seller.
Procedure in the case of misstated price
It is possible that the website displays a wrong price (e.g. due to a technical error). The Seller is not in the position to accept an order (your offer) based on a misstated price and it has no obligation to sell you a product at such a price. A contract will not be formed between you and the Seller on the basis of a misstated price. If you make an offer on the basis of a misstated price, it will be automatically confirmed by the system, but this will not qualify as the Seller’s acceptance of your offer. In the case of such an order, one of our colleagues will contact you to let you know what the correct price is and may offer you to conclude the contract at the correct price. You will not be required to make an offer and conclude a contract on the basis of the correct price disclosed to you in this manner. In that case, the contract will not be formed.
Using the website
The buying process
Selecting the products
The website allows you to view and buy products online. You can browse the website by using various menu items. The products are displayed in several categories. Under the ‘Products’ menu, you will find a list of the products in several categories. You can navigate from the product list to the detailed product page by clicking on the photo or the name of the product. The product page displays specific information about the relevant product, including its price. You can also use keywords to search for products with the help of the ‘Search’ icon. If you click on the ‘Contact us’ menu item, you will be taken to the page where you can send a message to the Seller by adding your name and email address. The footer at the bottom of the main page includes links to the General Terms of Contract, the Privacy Policy and the Cookie Policy.
Putting products into your basket
You can place the product you have selected into your basket by clicking on the basket icon, and you can set the number of products you wish to buy next to the icon.
Viewing the contents of your basket
You can check the contents of you basket by clicking on the basket icon at the top of any page that you are viewing. Here you can modify the number of products that you have already selected or remove any particular product from the basket. If you are satisfied with the contents of your basket, you can continue the process by clicking on the ‘Proceed to Checkout’ button.
You can then either register or complete your purchase without registering.
Stating your details
If you do not want to register, you will have to state the following details: e-mail address, name, phone number and billing address, plus a delivery address, if it is not the same as the billing address. If you want to register, you will also have to give a password in addition to the above information to complete the registration. You will be informed about a successful registration in an e-mail, but you can also check the status of your registration on the website. Please note that you will be responsible for keeping your access information private and for updating your information. If you forget your password, you can request a new one on the website, and it will be sent to your registered e-mail address. If you have already registered, you can continue with your order by giving your e-mail address and your password.
Changing your details
Whether you want to make a purchase or not, you can access your account with the help of the ‘Login’ menu item. After you log on, you can modify your data under the ‘My Account’ menu. You can also monitor the status and other information of your orders here.
Selecting payment and delivery terms
As the next step in the ordering process, you will have to select the payment and delivery option you prefer.
Finalising the order (offer)
If you are satisfied that the basket includes the products that you wanted to order and your details are correct, you can finalise your order by clicking on the ‘Place Order’ button. The information stated on the website does not qualify as an offer by the Seller to conclude a contract. In the case of orders that are subject these GTC, you are considered to make an offer and the contract between you and the Seller will be formed in accordance with the provisions of the GTC when the offer that you make through the website is accepted by the Seller. By clicking on the ‘Place Order’ button, you expressly acknowledge that you have made an offer that will entail payment obligations if it is accepted by the Seller in accordance with the GTC.
Processing of the order and the conclusion of the contract
After every successful order, an automatic confirmation message will be sent to your e-mail address. The Seller will also send you a pro-forma invoice for your order in an e-mail, and the contract between you and the Seller will be formed when the pro-forma invoice is received in your e-mail account, rather than with the receipt of the automatic order confirmation.
Payments
International wire transfer
The pro-forma invoice about the order will include the information necessary for the wire transfer.
Credit card
The e-mail with the pro-forma invoice about the order will include the information link necessary for the payment via credit card.
PayPal
In case customer choose PayPal payment option, an extra 5,5% PayPal fee will be charged on the total amount of the order inclusive shipping costs. After placing the order a PayPal invoice will be issued to the customer with information necessary for the payment.
Delivery
Fedex
The Seller charges a flat shipping cost of USD 30 for Fedex Priority shipments (under 1 kg) worldwide.
Please note that if the package weight exceeds 1 kg, the Seller will give you an individual quote for the shipping cost. Additionally, if your shipping address is in an out-of-delivery area (remote and less accessible locations) for Fedex, an extra surcharge will be levied. We will inform you if such a surcharge applies to your order. Please check out-of-delivery-areas here: http://images.fedex.com/us/services/pdf/Zipcodes_OPA_ODA.pdf
Delivery deadline
The general delivery deadline is 2 to 5 business days for Fedex shipments after your payment has arrived to our bank account. The delivery deadline is approximate only, and the Seller will let you know about any delay in an e-mail. By accepting the GTC, you expressly accept that the Seller will not be held liable for the failure to meet the delivery deadline stated above.
Reservation of rights
It is possible that a manufacturer discontinues a product that is displayed on the site. Therefore, we reserve the right to refuse delivery of all or some of the products included in an order that has been confirmed. Partial delivery will only made after consulting you. If the price of the relevant products has been paid in advance, it will be refunded to you within five business days.
Rescission
You can rescind a contract without explanation. You can exercise your right of rescission within 14 days after the day when you or a third party appointed by you (other than the carrier that ships the product) take(s) delivery of the product or the last of the products if the contract concerns the sale of several products and they are delivered at different times.
The provisions of this section will be without prejudice to your right to rescind the contract between the date of a contract and date when you take delivery of the relevant product(s). Legal entities may not rescind a contract without explanation.
If you have made an offer, you can withdraw the offer before the contract is formed, in which case there will be no obligation to conclude the contract.
You can rescind a contract by sending a clear and express declaration to the info@kavekalmar.hu e-mail address.
You will be treated as having exercised your right of rescission within the deadline if you send your declaration within the 14-day deadline. You will be liable for proving that you have rescinded the contract in accordance with this provision. The Seller will be required to confirm receipt of your rescission declaration by e-mail.
If you rescind a contract, the Seller will, within 14 days, refund the full amount of the consideration you have paid in connection with that contract, including all expenses incurred in connection with the delivery, such as shipping fees. Please note that this does not apply to extra expenses that are incurred due to your choice of not using the cheapest customary delivery method.
The Seller will refund the relevant amount with the same payment method that you used to make the payment. Subject to your express consent, the Seller may use another payment method, but you will not be required to pay any extra charges as a result.
If you expressly choose a delivery method other than the cheapest customary method, the Seller will not be required to refund the extra expenses it incurred as a result. In such cases, the Seller’s obligation to make a refund will be limited to the general shipping fees stated on the website.
The Seller will be entitled to withhold the amount refundable to you until you return the product to the Seller or prove beyond doubt that you have shipped it, whichever is earlier. We cannot accept consignments sent with cash on delivery service.
If you rescind a contract, you will be required to return the relevant product to the Seller, or deliver it personally to the Seller or to a person identified by the Seller, immediately but in no event later than within 14 days following the day when you sent your rescission declaration. You will be considered to have returned the product within the deadline if you ship it before the deadline.
The cost of returning the product will be payable by you. You will be required to return the product to the Seller’s address. You will be liable for any decrease in the value of the product that stems from use that was beyond what was reasonably required to determine the product’s nature, attributes and fitness for the purpose intended.
Statutory / inherent warranty
If the Seller delivers a faulty product, you can enforce a claim against it on the basis of a statutory warranty as follows.
You can request the seller to replace or repair the product, except if your selected remedy is impossible or it would cause the Seller to incur excessive costs. If you do not or cannot request the replacement or repair of the product, you can request a fair reduction of the purchase price, or you can repair it or have it repaired; or, as a last resort, you can rescind the contract.
You can change your mind and select another form of remedy under the statutory warranty, but you will have to bear the related costs, except if you have good cause for the new selection or if the cause for the new selection is attributable to the Seller.
You are required to inform the Seller about the fault in the product as soon as you discover it, but in no event later than within two months after the discovery. Please note, however, that you will not be able to enforce your warranty rights after the end of the two-year limitation period following the delivery of the product.
For a period of six months following the delivery of the product, you can enforce your warranty rights without meeting any condition other than informing the Seller about the fault if you confirm that the product or service was sold by the Seller. After the end of this period, you will have to prove that the fault you have discovered existed at the time of the delivery.
Product warranty
In the case of a fault in a product, you can choose to seek remedy under statutory warranty or under product warranty.
Under product warranty, you can only request the replacement or repair of the product.
A product is considered faulty if it does not meet the quality requirements that were in effect at the time when it was sold or if it lacks the attributes stated in the manufacturer’s product description.
You can seek to enforce a claim under product warranty for a period of two years following the date when the manufacturer placed the product on the market. You will lose your warranty rights after this period expires.
You can only seek to enforce a claim under product warranty against the manufacturer or distributor of the product. When you want to enforce such a claim, you will have to prove that the product has a fault.
The manufacturer (distributor) will only be released from the warranty obligation if it can prove that:
- it did not manufacture the product or place it on the market as part of its regular business activity, or
- at the time when the product was placed on the market, no state-of-the-art method existed that would have allowed the discovery of fault, or
- the fault is due to the application of a statute or a mandatory requirement by a regulatory authority.
The manufacturer (distributor) will have to prove the existence of only one of the above reasons.
Please note that you may not seek remedy on the basis of product warranty and statutory warranty for the same fault at the same time. However, if you are successful in enforcing a claim under product warranty, you can seek to enforce a claim under statutory warranty against the manufacturer of the replaced or repaired product.
Commercial guarantee
If a product delivered to you is defective, the Seller is required to make good the defect under what is called a commercial guarantee.
The cases of mandatory guarantees are regulated by Decree No. 151/2003 of the Hungarian Government. The Seller does not provide guarantees for products that are not subject to the Government Decree. A guarantee claim can be enforced within the applicable deadline. If the Seller does not comply with your request to make good the defect within a reasonable deadline, you will be able to enforce your claim in court within three months following the deadline that you stated in your request even if the guarantee period has expired. If you do not file a lawsuit before the three-month deadline, you will lose your rights related to the guarantee. The enforcement of claims under guarantees is otherwise subject to the rules that apply to warranties. The guarantee period is one year and starts on the date when the product is delivered to you or, if the product is first put into operation by the Seller or its representative, on the date when the product is put into operation. If you have any guarantee claims after one year, please contact the manufacturer.
The Seller will only be exempted from the guarantee obligation if it proves that the cause for the fault did not exist at the time of the sale.
Please note that you may not seek remedy on the basis of product warranty and commercial guarantee for the same fault at the same time. However, you are entitled to exercise your guarantee rights regardless of any rights you may have under any warranty.