The present General Terms and Conditions (here in after referred to as „GTC”) concerns parties being in mutual contract (here in after referred to as „Parites”). On one side Absolute Bt as seller (in after referred to as „Seller”), on the other side one buying products or services from Absolute Bt. or using Soundria website (in after referred to as „Website”), (in after referred to as „Buyer”), inasmuch as Buyer being a „consumer”according to Act nr. IV. of 1959 (Civil Code, in after referred to as „CC”) 685. § d).
Name of company: Absolute Bt.
Name of store: Hit Space (in after referred to as: „Store”)
Seat of company and Store: 1076 Budapest, Péterfy Sándor u. 9. Hungary
Telephone: (+36) 1 3222519 Fax: (+36) 1 3410272
Email of Seller: sales(AT)soundria(DOT)com
Workng hours of Store: Monday: 12:00-20:00, Tuesday-Friday: 10:00-18:00
Registration Authority: Fővárosi Bíróság mint Cégbíróság
Company registration number: 01-06-211488
Tax number: 28303464-2-42
EU VAT number: HU28303464
Language of GTC and contract is Hungarian, its appearance in other languages is purely informative. The current GTC are effective since 06.04. 2013 to all economic relations between Seller and Buyer (both for orders and buying in the Store or on the Website), these can not be applied to precedent contracts, and they are valid until withdrawal. Conditions divergent of these can be settled exclusively in writing upon mutual will of the Parties. Through his buying and order in the Store and on the Website Buyer accepts inconditionally all the temrs and conditions of the present GTC. Buyer notices that through his order a sale and purchase contract between him and Seller comes into existence.
2. Using the Website, ordering
The prices displayed on the website and applied taxes vary according to the country of delivery. Only Buyers with valid registration can place orders on the Website after logging in with his email address and password. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. All the information, pictures, prices and availability information are only informative, Seller has no liability for incidental errors, and reserves the right to change prices. In the online catalogue lists of products can be seen, and by clicking on the name or picture of a certain product the detailed product page containing with its essential parameters is displayed. There is also a link to the original product page (“Product's homepage: link”) of the manufacturer, which has to be taken into account as well to come to know all the necessary parameters of the product. The purchase price (i.e. commercial price including VAT and other taxes to be paid for the product) is displayed on the product page next to the product in the currency next to the price. At products on special sales the precedent normal price appears crossed above the sales price. Buyer puts the product to be bought into his virtual shopping cart (here in after referred to as “Cart”) by clicking on the “Add to Cart” icon. If the product’s price is lower then the Minimum Advertised Price of the manufacturer or distributor, then the price of the product can only be checked when it’s added to cart. The current content of the Cart can be checked and modified by clicking on the “View shopping cart” icon at any time. After clicking on “Proceed to Checkout” Buyer can give his delivery and invoicing address, and the method of payment. The Website shows here the cost of shipping and the total sum of the order as well. After clicking on the “Place Order” icon we are storing the order of Buyer, filing it, and sending an instant confirmation email to Buyer. Buyer’s stored and filed orders and their state can be seen in the “My Account/My Orders” menu when logged in. Seller reserves the right to deny the promised service if it can not be fulfilled due to unavailability of the ordered product or other circumstances. In this case Seller informs Buyer immediately in email, and reimburses without delay all reciprocations and considerations of any kind provided by the customer beforehand. It is then excluded that further legal claims be raised or other compensations be requested by Buyer from Seller. Seller is entitled to ask for an advance payment for products that are to be purchased explicitly upon Buyer’s order and that is not kept on stock otherwise.
3. Payment, delivery
Buyer can choose from the following methods of payment: personal payment in the Store (cash or credit card), COD (Cash On Delivery), bank wire transfer in advance to Seller’s bank account, online payment by credit card. COD is only available for deliveries to certain countries, this and the approximate transfer time of shipping is shown in the following table:
Shipping costs vary according to country and weight of ordered products, will be shown in the “Cart/Proceed to checkout” menu.
The minimum purchase to ba placed is 1000 HUF for orders to Hungary, 30 EUR for other countries.
Shipping is performed by DHL and DPD, but Seller has the right to ship via other forwarders (here in after referred to as „Forwarder”). Seller informs Buyer about Forwarder’s pickup of the shipment and the tracking number in email or SMS, with which Buyer can keep track of the shipping on the website of the Forwarder (www.dhl.com, www.dpd.com). Buyer has the responsibility to give a delivery address where delivery of the shipment is secured during working hours (usually workdays between 8:00 and 17:00). The shipment can be signed in for by Buyer or any other person being the delivery address. The foreseen date and time of delivery can be obtained from the call center of Forwarder. Forwarder makes 2 attempts to deliver the shipment, if both are unsuccessful, a third attempt can be asked from Forwarder at its call center. Shipping cost of undelivered shipments has to be paid by Buyer. The liability for shipment transfers to Buyer upon delivery, therefore Buyer is obliged to check the condition of the shipment upon delivery, and if there are any signes of damage on the outside, he can choose either a) to deny receiving delivery, or b) to have the courier make and sign a record about the damage, and keep a copy of it. Buyer has to report any damage to Seller immediately in written form.
4. Right of refund
According to Government Decree nr. 17/1999. Buyer has right of canceling a contract made through distance sales system (telecommunications) with following regulations. Buyer can cancel contract within 8 workdays after delivery without justification. Cancellation in written form has to be considered valid if it is sent before the 8 workdays deadline. Buyer has to return goods without delay, fully, and in orderly conditions, without signs of wear, cost of return has to be covered by Buyer. Buyer undertakes returning no later than the first workday after his cancellation, or starts return shipment of the goods. In case of delay caused by Buyer’s fault the general regulations of compensation of Civil Code have to be applied.
Seller has to refund payments Buyer has completed regarding the returned goods within 30 days from cancellation via bank wire transfer. If the goods are returned in a diminished state, Seller has the right to retain compensation for the loss from the amount to be refunded. Right of refund is not applicable to products bound to the person of Buyer (Special Ordered prodcts that Seller obtains only for Buyer’s order, indicated as “Sepcial Order” product in the catalogue), or produced according to Buyer’s orders, or items that can not be returned by their nature , especially in following cases: CD’s, DVD’s, software, computers
5. 30-day Money-Back Guarantee
Seller extends Right of Rfeund described in point nr. 4. to 30 days in case Buyer returns goods in their original packaging, in a condition suitable for ressling it, without signs of wear. Seller has the right to retain compensation from the amount to be refunded should the products not match the previous criteria.
Seller is not reliable for indirect losses caused by faulty fulfilment, such as loss of production, profit loss, and fail of other consumption.
6. Warranty and assurance
Warranty period for new items with value above 10.000.- Hungarian Forints is 12 months unless its manufacturer orders a longer warranty period. Warranty rights belong to the owner of the products as long as he is considered a Consumer by CC. (Consumer: a person contracting without professional or economic objective) Warranty period begins when the product is received by Buyer. Warranty claim can be made by warrnet letter. Defective products have to be returned into service centers listed on the warrant letter or to Seller. Fixed products and those heavier than 10 kgs has to be repaired in the place of their operation. If repair can not be performed at the place of operation, shipping has to be taken care of by Seller. In case of a defect within 3 days after delivery Seller has to replace the product provided that this defect impedes normal use. Warranty claim can not be set in case of a) improper use, transform, unprofessional operation, improper storage, Vis major, or other faults not deriving from production b) works of maintenance, cleaning. c) any work done by a service point not indicated on the warrant letter d) natural wear of parts, natural signs of wear.
Assurance claims can be raised within 2 years (1 year for used articles) after delivery by presenting the invoice if the transaction. Until the contrary has been proven, it has to be assumed that a failure within 6 months after delivery has been present at the date of delivery unless this assumption is incompatible with the nature of the product or the failure. If Buyer knows or should have known the failure at the time of delivery, assurance claim can not be raised. In case of faulty fulfillment (if the product does not match the qualities orderd in law or contract at the date of fulfillment) Buyer may a) firstly – according to his choice – claim repair or replacement unless its fulfillment is impossible or if it would cause disproportionate costs to Service point compared to another claim, taken into account the original value of the product, the degree of fault, and the inconvenience casued to Buyer; b) if Buyer has right of neither repair nor replacement, or Service point does undertake repair nor replacement, an adequate discount can be claimed or Buyer can cancel contract. No cancellation is applicable in the case of minor faults. Seller is not responsible for indirect losses caused by faulty fulfilment, such as loss og production, profit loss, and fail of other consumption. Laws of warranty and assurance: 151/2003. (IX.22.) Government Decree; CC. 685. § e); CC. 305.§ - 311/A; 49/2003.(VII.30.) Ministry of Economy and Transport Decree.
7. Soundria extended warranty
Besides obligatory warranty ordered by law, Seller offers an extended warranty with following conditions. Seller undertakes an extended period of warranty for the period shown at the product page starting from delivery of the product, provided that the fault is caused by material deficiency or manufacturing error. Excluded from this warranty are a) used products, b) defects caused by insufficient attention to the technical instructions for use, by the inappropriate use of the article, or due to atypical environmental conditions, operating conditions foreign and inappropriate to the article, excessive implementation of the article, inadequate maintenace or insufficient care; c) defects caused by the utilisation of accessories, supplementary or replacement parts which are not original components of the article; d) minor deviations from the normal state of the purchased article which are not significant in respect to the value or utility of the article. Regarding the extended warranty no cancellation right can not be used. Warranty period is not augmented in case of repair, nor does it restart upon in case of replacement.
8. Return shipment
Buyer has to perform return shipments (in case of cancellation, Money-back Guarantee, Warranty and Assurance, Hit Space extended Warranty) according to the following: Buyer has to take care of packing the products carefully and properly so that it is suitable for shipping. Seller is not liable for damages caused by improper packaging during transportation. Buyer has to include the original invoice and warrant letter in all cases. Due to insecure transportation Buyer is asked not to send items via courier service (GLS, DHL, DPD) instead of postal service. Seller does not accept shipments with COD.
9. Reservation of Ownership
Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of Seller. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of Seller.
10. Protection of personal information
Certain personal information is necessary to take and complete orders, invoicing, warranty. Without these orders are invalid andcan be cancelled. By using the Website Buyer takes full responsibility that all the given information is authentic and real. Buyer has the right to access and correct the information given by him in accordance with European and International Law. Seller can not give out the information given by Buyer to third parties, except for when third party is subcontractor to Seller (e.g. courier service companies) and it is necessary to fulfill contract, furthermore when it is ordered by law or authorities.
Seller sends regular newsletters containing news, sales, and other useful information to Buyers interested and subscribed. Seller is the only authorized to handle information related to subscribers. Only Seller can send newsletters, promotional material.
All content on Soundria homepage is under copyright, property of Absolute Bt. and its partners (manufacturers, distributors). Copying, using, processing any part of the website content (text, image, photography, audio, video) is prohibited unless such a right is granted by Absolute Bt. The user can save to his hard drive or print contents of Soundria website only for his own use, but even thus the user is not entitled to further use, broadcast using it in other database, publish, make it downloadable, or any other commercial use.