General Terms and Conditions

By using the Webshop and providing the data necessary for the purchase, the User accepts and acknowledges as binding the provisions set out in this GTC, and thereby acknowledges and accepts the following:

These general terms and conditions apply to all products available and purchasable on the andyourstories.com website (hereinafter referred to as the "Webshop"). The technical information necessary for using the Webshop, which is not included in the General Terms and Conditions (hereinafter referred to as "GTC"), is provided in other information available on the andyourstories.com website.

A contract concluded through the Webshop is not considered to be in writing, it is not registered by the Webshop, and therefore it is not accessible or viewable afterwards.

The Webshop does not subject itself to the provisions of any code of conduct.

By using the Webshop and providing the data necessary for the purchase, the Customer accepts and acknowledges as binding the provisions set out in this GTC, and acknowledges and accepts the following:

1 Identification of the contracting partner

During a purchase made through the Webshop, a contract is concluded between the Buyer and ANDYOURSTORIES Hungary Kft.

Webshop operator:

ANDYOURSTORIES Hungary Ltd.

Company registration number: 01-09-450152

Headquarters: 1033 Budapest Szentendrei út 95.

E-mail: 

Phone: 06 70 9359711

Tax number: 28753522-2-41

Bank account number: 10401093-50526975-55861006

Professionally competent chamber with territorial jurisdiction: Budapest Chamber of Commerce and Industry

2 The purchasing process

Purchases in the webshop can only be made in Hungarian.

You can find detailed information about the product or service you wish to order, including its features, price, and availability, by clicking on the product name or the image representing the product. By clicking on the "Add to Cart" label or the cart icon, you can place the product in your virtual cart.

By clicking on the cart icon, you can view and review the list of products added to the cart so far, and you can proceed to finalize your order by clicking the "Checkout" button.

The purchase can be made as a guest by providing the necessary shipping information, or by logging in for registered users. If the Buyer has entered all the information correctly, they have the option to choose the payment method (PayPal or credit card payment) and complete the purchase by making the payment.

3 Confirmation, conclusion of contract

After the Customer has submitted their order, we will confirm receipt of the offer via an automatic email within 48 hours at the latest. This automatic email confirms that the Webshop has received the submitted order. The automatic email also contains the details of your order ("Order Details"). This Order Details does not constitute acceptance of the order, but merely informs you that the order has been received by the Webshop.

The Webshop accepts the Customer's offer via a separate acceptance email. The contract is concluded upon receipt of the separate email confirming the acceptance of the offer by the Webshop, and not upon receipt of the automatic order confirmation email within 48 hours.

The Customer is released from the binding offer if they do not receive a confirmation email from the Webshop regarding their submitted order without delay (within 48 hours).

If the Customer notices an error in the data included in the confirmation email, they are required to notify the Webshop within 1 day in order to avoid the fulfillment of unwanted orders.

The order is considered a contract concluded electronically, to which the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues of electronic commerce services and information society services apply. The contract falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

4 Storage of the contract text

The order details are stored by the Webshop. If the Customer would like to receive them in printed form, they can print the order confirmation email, which contains all essential information related to the order. The Customer will receive this at the email address provided after submitting their order.

5 Right of withdrawal

The provisions in this section apply exclusively to natural persons acting outside the scope of their profession, occupation, or business activity, who purchase, order, receive, use, or make use of goods, as well as those who are the recipients of commercial communication or offers related to goods (hereinafter referred to as "Consumer").

The consumer is entitled in the case of a contract for the sale of a product

 

a) the product,

b) in the case of the sale and purchase of several products, if the delivery of individual products takes place at different times, for the product delivered last,

c) in the case of a product consisting of several items or pieces, the last item or piece supplied,

d) if the product must be provided regularly within a specified period, the first service,

 

the Consumer or a third party designated by the Consumer, other than the carrier, may withdraw from the contract without justification within fourteen (14) days from the day of receipt (hereinafter collectively referred to as the "Withdrawal Period").

The consumer is entitled to exercise the right of withdrawal during the period between the date of concluding the contract and the date of receiving the product.

If the Consumer wishes to exercise their right of withdrawal, they are required to send a clear statement of their intention to withdraw (by mail or by electronic letter) to the Webshop Operator using the contact details provided in point 1 of these GTC during the Withdrawal Period. For this purpose, the Consumer may use the "Sample Withdrawal Statement" found in Annex 1 of these GTC.

The Consumer is responsible for proving that they exercised their right of withdrawal in accordance with the provisions specified in the relevant section of these GTC. If the Consumer does not send their withdrawal statement within the specified deadline in a manner that can be unequivocally verified, it shall be considered that the Consumer has not fulfilled the conditions necessary to exercise the right of withdrawal, and therefore the contract will not be terminated and will remain in effect.

In the case of withdrawal in writing, it shall be considered as exercised within the deadline if the Consumer sends their statement of withdrawal to the Webshop during the Withdrawal Period (even on the 14th calendar day).

In the case of notification by post, the Webshop will consider the date of posting, and in the case of notification by email, the time the email is sent, for the purpose of calculating deadlines. The Consumer should send their letter as a registered mail to provide credible proof of the posting date.

The consumer exercises their right of withdrawal within the deadline if they send their withdrawal statement to the Webshop before the end of the Withdrawal Period (14 days).

In the event of withdrawal, the Consumer is obliged to return the ordered product to the address indicated below without undue delay, but no later than 14 days from the date of notification of their withdrawal statement. The deadline is considered met if the Consumer sends (posts or hands over to the courier they ordered) the product before the 14-day period expires.

If the Consumer orders more than one product or service, they may withdraw from the contract for any or all of the products or services.

The cost of returning the product to the Webshop address is borne by the Consumer. The Webshop is not able to accept packages returned with cash on delivery. Apart from the cost of returning the product, the Consumer will not incur any other costs in connection with the withdrawal.

If the Consumer withdraws from the contract, the Webshop shall promptly, but no later than 14 days from the receipt of the Consumer's withdrawal statement, refund all payments made by the Consumer, including the cost of delivery (the amount paid for shipping), except for any additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by the Webshop.

The Webshop is entitled to withhold the refund until it has received the product back, or the Consumer has provided credible proof that it has been returned: the Webshop will consider whichever occurs first.

During the refund process, the Webshop will use the same payment method as was used in the original transaction, unless the Consumer expressly consents to the use of a different payment method; the Consumer will not incur any additional costs as a result of using this refund method.

The consumer can only be held liable for any decrease in the value of the product if it was caused by use beyond what is necessary to determine the nature, characteristics, and functioning of the product.

5.1 The consumer is not entitled to the right of withdrawal

 in the case of a non-prefabricated product that was manufactured by the Webshop based on the Consumer's instructions or explicit request, or in the case of a product that was clearly customized for the Consumer,

 -for products with sealed packaging that, for health protection or hygiene reasons, cannot be returned after being opened following delivery (e.g. cosmetic products)

 - in the case of the sale and purchase of sealed audio or video recordings, as well as computer software copies, if the consumer has opened the packaging after delivery,

 -for a product or service whose price or fee depends on fluctuations in the financial market that cannot be influenced by the Webshop.

The Consumer must enclose the delivery note with the goods to be returned and must also provide the reason for the return. If the Consumer does not indicate the reason for the return, this does not mean the loss of their right of withdrawal. In case of return, please send the package to the following address:

Andyourstories Hungary Kft. - Szentendrei út 89-95 (Building 78), 1033 Budapest

In case of any questions, the Consumer can inquire at the following contact details: 

In case of postal inquiries, please write on the envelope: "andyourstories.com Webshop" The documents that may assist the Consumer and the Webshop upon return can be found next to the shipment, together with the invoice.

If you have any questions regarding the right of withdrawal, please contact the Webshop Operator using one of the contact details above.

6 Prices and shipping

The price displayed next to the products in the webshop is in Hungarian forint. The product price does not include the shipping cost. The price is valid at the time of ordering.

Delivery can only be made within the territory of Hungary. The Webshop will inform the Customer about delivery times during the ordering process. If the delivery time specified there cannot be met, the Webshop will notify the Customer by email.

7 Shipping

In exceptional cases, the Webshop may have to charge a higher shipping fee than what is indicated in the shipping information. In such cases, the Webshop will prepare a detailed statement of the fee and will notify the Customer of this before fulfilling the order.

If the Webshop needs to deliver the order in multiple steps due to technical or logistical reasons after the order has been placed, the shipping costs will, of course, only be charged once.

If the Customer notices any damage to the product or packaging upon receipt, they must request a report from the delivery person documenting the damage. If the packaging or product is visibly damaged at the time of receipt and the damage occurred before the goods were received, the Webshop will accept the return of the product free of charge. The Webshop does not accept responsibility for any damage noticed after receipt!

8 Warranty

8.1 Warranty of conformity

In the event of defective performance by the Webshop, the Customer may assert a warranty claim against the Webshop.

In the case of a consumer contract, the Buyer may enforce warranty claims within a 2-year limitation period from the date of receipt for product defects that already existed at the time of delivery. After the two-year limitation period, you can no longer enforce your warranty rights.

In the case of a contract not concluded with a consumer, the entitled party may enforce warranty claims within a limitation period of 1 year from the date of receipt.

The Customer – at their discretion – may request repair or replacement, except if fulfilling the request chosen by the Customer is impossible or would result in disproportionate additional costs for the Webshop compared to fulfilling another request. If the repair or replacement

The Customer did not request, nor could have requested, so they may claim a proportionate reduction of the consideration, or the Customer may correct the defect at the Webshop's expense, or have it corrected by someone else, or – as a last resort – may withdraw from the contract. Withdrawal is not possible in the case of a minor defect.

You may switch from the chosen accessory warranty right to another, but you are required to bear the cost of the switch, except if it was justified or if the Webshop gave cause for it.

You are required to report the defect to the Webshop without delay after its discovery, but no later than 2 (two) months from the date of discovering the defect.

The Customer may enforce their warranty claim directly against the Webshop.

Within 6 (six) months from the fulfillment of the contract, there are no other conditions for enforcing your warranty claim beyond reporting the defect, provided that the Buyer proves that the product was purchased from the Webshop (by presenting the invoice or a copy of the invoice). In such cases, the Webshop is only exempt from the warranty if it disproves this presumption, that is, if it proves that the defect in the product occurred after it was handed over to the Buyer. If the Webshop can prove that the defect was caused by a reason attributable to the Buyer, it is not obliged to fulfill the warranty claim made by the Buyer. However, after 6 (six) months from fulfillment, it is the Buyer's responsibility to prove that the defect recognized by the Buyer already existed at the time of fulfillment.

If the Customer enforces a warranty claim regarding a separable part of the product (in terms of the specified defect), the warranty claim is not considered enforced for other parts of the product.

8.2 Product Warranty

In the event of a defect in the product (movable item), the Buyer considered a consumer may, at their discretion, exercise the right specified in point 8.1 or assert a product warranty claim.

However, the Customer is not entitled to assert both warranty for defects and product warranty claims simultaneously and in parallel for the same defect. If the product warranty claim is successfully enforced, the Customer may assert the warranty for defects claim regarding the replaced product or repaired part against the manufacturer.

As a product warranty claim, the Buyer may only request the repair or replacement of the defective product, meaning there is no option for monetary compensation, price reduction, or withdrawal, since no contractual relationship has been established between the manufacturer and the consumer, and the contract is missing. In the case of enforcing a product warranty claim, the Buyer must prove the defect of the product.

A product is considered defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the properties specified in the description provided by the manufacturer.

The Buyer may enforce a product warranty claim within 2 (two) years from the date the product is placed on the market by the manufacturer. After this period, this right is lost. The Buyer is obliged to notify the manufacturer of the defect without delay after discovering the defect. The defect

A defect reported within 2 (two) months from its discovery shall be considered as reported without delay. The Buyer is responsible for any damage resulting from delayed notification.

The Customer may exercise their product warranty claim against the manufacturer or distributor (Webshop) of the movable item.

According to the Civil Code, both the manufacturer and the distributor of the product are considered producers.

The manufacturer or distributor (Webshop) is only exempt from product warranty obligations if they can prove that:

 the product was not manufactured or marketed in the course of its business activity, or

 the defect could not have been detected at the time of placing on the market according to the state of science and technology, or

 the defect of the product results from the application of a law or mandatory regulatory requirement.

For the manufacturer or distributor (Webshop), it is sufficient to prove one reason for exemption.

9 Warranty

The mandatory warranty for consumer goods is regulated by Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods. The (material) scope of the decree applies exclusively to new products listed in the annex of the decree, sold under a consumer contract concluded in Hungary.

The Webshop provides a 1-year warranty period for all technical products purchased, which is identical to the mandatory warranty period for durable consumer goods listed in the annex of the government decree.

The warranty period begins on the day the product is handed over to the Customer, or if installation is carried out by the Webshop or its agent, on the day of installation. The Webshop validates the warranty card included with the product when the product is dispatched for delivery to the Customer.

The defect is not covered by warranty if its cause occurred after the product was handed over to the Buyer, for example, if the defect

 improper commissioning (except if the commissioning was carried out by the Webshop or its authorized representative, or if the improper commissioning is due to an error in the user manual)  improper use, disregard of the instructions in the user manual,  improper storage, improper handling, damage,

 elementary damage caused by a natural disaster.

In the case of a defect covered by the warranty, the Customer

 primarily – at your choice – you may request repair or replacement, except if fulfilling the chosen warranty claim is impossible, or if it would result in disproportionate costs for the Webshop compared to the other option

would result in a disproportionate additional cost compared to the fulfillment of the warranty claim, taking into account the value represented by the product in flawless condition, the severity of the breach of contract, and the harm to the Consumer's interests caused by the fulfillment of the warranty claim.

- if the Webshop has not undertaken the repair or replacement, cannot fulfill this obligation within the appropriate deadline while respecting the Buyer's interests, or if the Buyer has lost interest in the repair or replacement, the Buyer may – at their discretion – request a proportional reduction of the purchase price, repair the defect at the Webshop's expense or have it repaired by someone else, or withdraw from the contract. Withdrawal is not possible in the case of a minor defect.

The repair or replacement – taking into account the properties of the product and its intended use as reasonably expected by the Customer – must be carried out within an appropriate timeframe, with due regard to the Customer's interests. The Webshop should strive to complete the repair or replacement within a maximum of 15 (fifteen) days.

During the repair, only new parts may be installed in the product.

The period during which the Consumer cannot use the product as intended due to repair time does not count towards the warranty period. In the case of replacement (repair) of the product or a part of the product, the warranty period restarts for the replaced (repaired) product (product part), as well as for any defect arising as a consequence of the repair.

The costs related to fulfilling the warranty obligation are borne by the Webshop.

However, the Consumer is not entitled to enforce a warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim simultaneously and in parallel for the same defect. Regardless of these restrictions, the rights arising from the guarantee are due to the Consumer independently of the entitlements specified in points 1) and 2).

Enforcement of warranty and guarantee

You can submit your warranty or guarantee claim for products in person at the address specified below for the Webshop, by email, or by phone:

1125 Budapest, 21 Álom Street

In case of any questions, the Consumer may inquire at the following contact details: 

In case of postal inquiries, please write "andyourstories.com" on the envelope. Documents that may assist the Consumer and the Webshop upon return can be found next to the shipment, together with the invoice.

If you have any questions regarding the right of withdrawal, please contact the Webshop Operator using one of the contact details above.

The contractual warranty does not affect the existence of warranty rights.

10 Retention of ownership

Until the full purchase price is paid, the product remains the property of the Webshop. If the product comes into the possession of the Buyer before the full purchase price is paid – for any reason – the Buyer is liable to the Webshop for any damages for which no one else can be held responsible.

11 Payment, due date, late payment

Online bank card payment – For our online store the convenient and secure online payment is provided by Barion Payment Zrt. Hungarian National Bank license number: H-EN-I-1064/2013. Your bank card details are not shared with our store. When paying by bank card, you will be redirected to the Barion payment page, so the payment is made directly on a site operated by them, in accordance with the rules and security requirements of international card companies, and not on the webshop's site. The online store does not have access to your card or account details, number, or expiration date in any form, nor can it view them.

The Webshop Operator reserves the right to exclude certain payment methods in specific cases or to request advance payment.

12 Contact

The Customer may submit any questions or complaints using one of the following contact options:

1126 Budapest, Böszörményi út 3a

 

In case of postal inquiries, please write on the envelope: " andyourstories.com "

13 Legal Remedies

13.1 Complaint handling

The Customer may submit consumer complaints related to the product or the Webshop's activities through the previously provided contact details.

The Webshop will immediately resolve verbal complaints if possible. If immediate resolution of the verbal complaint is not possible due to the nature of the complaint, or if the Customer does not agree with the handling of the complaint, the Webshop will record the complaint in a report—which it will retain for five years along with its substantive response to the complaint—and will send this report to the Customer electronically.

The Webshop will respond substantively to any written complaint received within 30 (thirty) days. In accordance with this contract, action means posting the response.

If the complaint is rejected, the Webshop will inform the Customer of the reason for the rejection.

13.2 Other legal remedies

If any legal dispute between the Webshop and the Customer is not resolved during negotiations with the Webshop, the Customer may initiate legal proceedings, and in the case of a consumer dispute, the following legal remedies are available to the Customer:

 Filing a complaint with the consumer protection authority,

 Initiation of conciliation board proceedings

For the purposes of the rules relating to the Conciliation Board, a civil organization, church, condominium, housing cooperative, micro, small, and medium-sized enterprise as defined by separate law shall also be considered a consumer if they purchase, order, receive, use, make use of goods, or are the recipient of commercial communication or offers related to goods.

14 Data Protection

You can find the Webshop's privacy policy here:  

15 Unilateral Amendment of the General Terms and Conditions

The Webshop Operator is entitled to unilaterally modify these General Terms and Conditions at any time. The amended provisions shall apply to orders placed after the entry into force.

The Webshop Operator reserves the right to make any changes or improvements to the Webshop at any time without prior notice, and to move the Webshop to another domain name.

Effective date of these General Terms and Conditions: 2019.02.05.