- Data of the Website Operator (hereinafter: the Seller):
Name of the Entrepreneur László Marcell sole proprietor
Seat: 2017 Pócsmegyer, Pipacs u. 4.
Tax number: 77559911-1-33
Registration number: 39779499
Phone number: 0670/531-7881
Email address: info@lagaallo.com
- Address of the Seller’s Websites:
www.lagaallo.hu, www.lagaallo.com
- Key definitions:
- Distant contract: shall mean a consumer contract which is concluded, in the framework of a distance selling arrangement for the provision of a contractual product or service, without the parties being physically present at the same time in such a way that for the purpose of concluding the contract, the parties use only a device enabling communication between distant parties.
- Product: shall mean any marketable, tangible movable property shown among the offerings on the Website, offered and intended for sale, which constitutes the subject of the contract.
- Buyer: any natural or legal person, or any unincorporated organization, to which/ to whom the Seller sells products through his Website.
- Consumer: shall mean any natural person who is acting for purposes which are outside his trade, business or profession.
- Availability of the General Terms and Conditions:
The Seller shall publish his effective General Terms and Conditions on his Website.
- Content of the General Terms and Conditions:
These General Terms and Conditions contain the rights and obligations of the Buyer using the electronic trade services provided by the Seller and the terms of agreement between the contracting parties. The General Terms and Conditions apply for orders placed on the Websites www.lagaallo.hu and www.lagaallo.com, or by phone, e-mail, on social media sites or personally with the Seller. These GTC shall qualify as general terms and conditions under section 5(1) of Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services and contain appropriate information and regulations in accordance with Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between the consumer and the enterprise.
These General Terms and Conditions shall apply to all sales and use of services that the Buyer initiates by placing an order on the Seller’s Website. When making a purchase, the Buyer must accept these General Terms and Conditions by checking the check box on the form in order to use the services of the Website. If the General Terms and Conditions are accepted, a contract between the Seller and the Buyer will come into existence in accordance with these Terms and Conditions.
- Effective term of the General Terms and Conditions:
These General Terms and Conditions shall enter into effect on March 1st, 2020, the date on which these General Terms and Conditions are published on the Website. The provisions of the General Terms and Conditions shall apply to all Buyers and all purchases from the effective date.
Before placing an order, the Buyer shall declare that he is aware of, has read, understood, acknowledged and expressly accepts the currently effective General Terms and Conditions. By placing the order, the Buyer acknowledges that the currently effective General Terms and Conditions shall constitute an inseparable part of the contract between the parties.
The Seller reserve his right to modify the provisions of these General Terms and Conditions. In case of a modification, the General Terms and Conditions valid and effective at the date of placing the order shall apply.
- The process of making a purchase, conclusion of the contract
The contract comes into existence electronically in such a way that the Buyer orders the product, sends his order and the Seller confirms the purchase (by expressly accepting the Buyer’s offer) in an e-mail sent to the e-mail address provided by the Buyer, in compliance with the data protection regulations. The Seller has the right to cancel the contract even after sending the confirmation if he cannot perform the order for reasons beyond his control (eg: he is no longer selling the product, force majeure, etc.). In case of cancellation, the Seller is obliged to settle accounts with the Buyer, if there has been a money transfer.
The Seller is engaged with the online selling of products. His main activity is the sale of self-developed children’s books (electronic books: digitized books that are only available electronically and have no physical appearance), audio books and other related products (T-shirts, bags, etc.). Sales are made through his own web shop and distribution partners. The data controller uses the services of print-on-demand service providers to print supplementary products.
The products distributed by the Seller are presented on the Websites www.lagaallo.hu and www.lagaallo.com. Some products are available through a system of distribution partners contracted with the Seller. When a product is selected on the Website, the Website redirects the Buyer to the distribution partner’s website. A detailed description of the product can be found at the different product types. The Seller does not undertake any liability for any misspelling or erroneous data.
The Buyer selects the product he wishes to order.
- If the product is available in the system of Amazon.com, the Website will redirect the Buyer to amazon.com, where the product can be purchased. In this case all the other actions in connection with the order (providing personal data, payment, delivery) will take place in the system of Amazon.
- Audio books may be purchased through Audible, thus the Website will redirect the Buyer to this website (audible.com). The process is the same as the one described in the case of the system of Amazon.
- The supplementary products (T-shirts, bags, etc.) are produced print-on-demand; the related production partner of the Seller is Printful Latvia AS (Ojāra Vācieša iela 6B, Riga, Latvia, LV-1004). In this case the Buyer provides his personal data on the Seller’s Website, where the payment is also made. Printful will take care of delivering the product ordered by the Buyer.
- For products where the sale is made directly by the Seller, the Buyer will provide his personal data after the product has been selected and added to the cart. After the data has been provided, the order will be sent.
The Buyer will obtain limited right to use the e-book as follows:
The Buyer is entitled to use the product only for his own purposes and on his device suitable for reading his own e-book (such as a personal computer, tablet, mobile phone, e-book reader, hereinafter “device”) with the proviso that the individual Buyer (a natural person who purchases the product for his personal use) may use the product on an unlimited number of his own devices but only on one device at a time, while the non-individual Buyer may download the product on one device and use it on such device only.
Information provided on the website shall not qualify as an offer for contract conclusion by the Seller. In the case of orders subject to these General Terms and Conditions, the Buyer shall be deemed a bidder and the contract shall be concluded in such a way that the Seller accepts the offer made by the Buyer through the Website in accordance with the provisions of these GTC.
By sending the order, the Buyer expressly acknowledges that his offer shall be deemed to have been made and his declaration may, if confirmed by Seller in accordance with these General Terms and Conditions, create a payment obligation.
After the order is received by the Seller, the Seller will confirm the order in an e-mail message. By placing an order electronically on the Website, and by sending the automatic confirmation, the contract between the Buyer and the Seller shall come into existence, as the Seller declares the acceptance of the Buyer’s order.
If the Buyer sends an offer through the Website and the Seller has confirmed the order in an electronic message (expressly accepting the Buyer’s offer), a sale and purchase agreement is entered into by the Buyer and the Seller. (If the e-mail confirming the arrival of the order is not received by the Buyer within 48 hours, the Buyer shall be freed from the offer’s validity period and is no longer obliged to buy the product ordered.)
The Buyer accepts that a contract concluded in such a way shall be considered to be concluded in writing and shall be subject to the law of Hungary. These General Terms and Conditions shall apply to the contract.
The contract shall be concluded in Hungarian, the Website shall store it electronically and the contract shall not be filed in any other way.
The Seller shall not have any liability for any delay in performance or any other problem attributable to incorrect, incomplete or inaccurate information provided by the Buyer, considering the fact that the Seller always gives the Buyer the opportunity to verify the data during the order; technically, the order may not be sent to the Seller without the Buyer’s check and approval.
During purchases through Amazon and Audible, no contractual relationship comes into existence between the Seller and the Buyer, since the Buyer concludes the contract directly with the Seller’s distribution partner, in accordance with its currently effective business terms.
- Sale price:
Prices indicated on the Website are the effective consumer prices whose currency type is Hungarian forint and contain VAT i.e. the value added tax.
The Seller reserves the right to change the prices indicated on the Website. The price change shall take effect when appearing on the Website. The Seller guarantees that the offer’s validity period existing between the Parties and any price change occurring after its acceptance by the Seller shall not affect the purchase price of the products already ordered.
Thus, after the confirmation sent by the Seller, the final amount of the order shall not change. However, it may happen that due to some technical error or misspelling, a wrong price appears on the Website which considerably differs from the market price. In such a case the Seller shall contact the Buyer by phone (or by email) before sending the product ordered in order to clarify the matter. The Seller shall not deem such orders valid and shall not undertake liability for any damage resulting from this. The Seller shall do his best in order to indicate the product prices precisely on the Website. If despite his due care, a wrong price has been indicated on the Website, the Seller may not be obliged to sell the product at the wrong price.
- Terms of payment:
In the web shop operated by the Seller, the following methods of payment are available: prepayment by bank transfer, through Pay Pal or Paylike system and by bank card.
Prepayment by bank transfer: in this case, the Buyer transfers the consideration of the product to be purchased to the Seller’s bank account. After the amount has been credited on the Seller’s bank account, the Seller (or his distribution partner) will arrange for the product to be shipped.
Payment by bank card (Paylike): The purchase price can be settled by valid bank card by using the Paylike system. By clicking the “Submit Order” button, the Buyer makes a payment using the credit card types listed on the Paylike website: Mastercard, Maestro, and Visa Electronics. Here the Buyer will need to enter his name indicated on the bank card, the card number, expiration date and validation code (CVC2 or CVV2) in order to make a payment. After the Buyer has provided his bank card details, he initiates the transaction by clicking on the “Pay” button. The Seller’s webshop will send him an email confirmation of his successful payment.
Payment by using the PayPal service:
With the PayPal service, the Buyer can pay online using his balance at PayPal available due to his registration or by using his credit card registered with PayPal.
After the Buyer has selected the product in the Seller’s web shop and has chosen PayPal from among the methods of payment, the web shop will redirect him to the PayPal site. To make a payment on the PayPal interface, the Buyer must log in and then approve that the amount can be deducted from his PayPal balance.
The Seller shall not be liable for any mistakes that may occur during payment by credit card. When making a payment, the Buyer is responsible for ensuring that he is authorized to use the given payment method and device and that the payment details provided are true and accurate.
The Seller declares that in the case of payment by bank card, he will not process, collect, store or have access to the card details required for the payment transaction. Otherwise the processing of personal data is governed by the provisions of the Privacy Policy
In compliance with his legal obligations, the Seller shall remind the Buyer that making a contractual statement (ordering a product) entails a payment obligation in favor of the Seller.
The Buyer agrees to receive the invoice for the purchase only electronically to the e-mail address provided by him. The Buyer must make sure that the invoice could be delivered electronically and that no technical settings (such as firewalls) should hinder this. In case of a change of the email address, the Buyer is obliged to notify the Seller by email.
- Date of performance:
The date of performance is the date when the product ordered is delivered by the Seller. Delivering the product purchased to the Buyer (after the purchase price is credited on the Seller’s bank account):
- In the case of orders placed through the Amazon and Audible sites, the online product shall be delivered according to the terms and conditions of Amazon.
- In the case of printed products produced with the help of Printful, 5 to 10 days will be needed for performance. Printful will ship the completed product directly to the address specified by the Buyer.
The Seller shall assume no liability for delayed delivery of products sold directly through his distribution partners and for any damage sustained in connection with the shipment.
- Data Protection:
The Seller shall process personal data exclusively in line with the effective legal regulations, strictly complying with the data processing and data protection rules, having regard to the principles of lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy and storage limitation.
The Seller shall take all technical and organizational measures to ensure that the personal data of his distribution partners and Buyers are processed in a manner prescribed by Regulation 2016/679 of the European Parliament and of the Council.
The Privacy Notice on the processing of personal data is also available on the Seller’s Website and at his seat.
- Cancellation right:
In the case of contracts concluded off-premises and distance contracts, the Buyer (if he is deemed a Consumer) shall have the right to cancel the contract within 14 calendar days of receipt of the product, without giving reasons. The Buyer may exercise this right by making a clear declaration to this effect, or by using the sample cancellation/termination notice to be found in Annex no. 2 of Government Decree no. 45/2014. (II. 26.).
Sample cancellation notice
Addressee: László Marcell sole proprietor
Address: 2017 Pócsmegyer, Pipacs u. 4.
I (we) the undersigned …………………………. declare that I(we) exercise my(our) right of cancellation/termination in respect of the contract aimed at the sale and purchase of the following product(s) or rendering the following service:
Date of contract conclusion/date of acceptance:
Name of the consumer(s):
Address of the consumer(s):
Please refund the purchase price to the following bank account number (fill in if you want us to refund the purchase price by bank transfer):
Signature of the consumer(s): (only in case of declaration made on paper)
Dated
The Buyer may send the declaration to the Seller by email (info@lagaallo.com), or in a letter sent by post addressed to his seat (László Marcell sole proprietor, 2017 Pócsmegyer, Pipacs u. 4.). The above deadline shall be deemed performed if the Buyer communicates his intention to cancel on the 14th day calculated from the receipt of the product at the latest. The burden of proof in this respect shall lie with the Buyer. If the Buyer cancels the contract in such a way, the Seller shall refund the full amount paid by the Buyer as a purchase price, including any costs incurred related to its performance, immediately and no later than 14 calendar days after becoming aware of the cancellation. The Seller shall reimburse the amount which is due back to the Buyer by using the same method of payment as the method used by the Buyer. Subject to the express approval of the Buyer, the Seller may apply another form of payment for the refund, but the Buyer shall not be charged any additional fee.
If the Buyer has explicitly requested a different mode of delivery than the least expensive mode of delivery, the Seller shall not be obliged to refund the resulting additional cost.
The Seller is entitled to withhold the purchase price of the product and the costs incurred during the purchase until the Buyer returns the product or credibly verifies that it has been returned, whichever is the earlier. The Purchaser shall return the purchased product to the Seller without undue delay, but no later than 14 calendar days from the date of notification of the intention to cancel and in an intact and complete condition. The deadline is deemed to be met if you send the product before the 14-day deadline has expired. The direct costs of returning the product shall be borne by the Buyer. The Seller shall not be obliged to accept the product returned by cash on delivery or by postage due, since the shipping cost associated with the return shall be borne by the Buyer.
The Buyer shall only be liable for any depreciation of the product if it has been used to an extent exceeding the use necessary to determine the nature, feature and operation of the product.
The Buyer shall not be entitled to the above right of cancellation:
- in the case of a non-prefabricated product which has been produced at the Buyer’s instructions or at his express request or which has been clearly personalized to the Buyer.
The Buyer may not exercise his right of cancellation in the case of a contract for the provision of services after the service has been completely performed if the Seller has begun with the performance with the express prior consent of the Buyer, and the Buyer acknowledges that he loses his right of termination after the services has been completely performed.
The Buyer acknowledges that by accepting these General Terms and Conditions, he expressly agrees that Seller will fulfil the order. Upon fulfilment of the order, the Buyer loses his right of cancellation specified in this clause, which the Buyer acknowledges by accepting these General Terms and Conditions.
Exercise of the right of cancelling an accepted offer is only possible prior to the performance described above.
The Buyer shall not be entitled to above right of cancellation in respect of digital content provided on non-tangible medium if the Seller has commenced the performance with the express prior consent of Buyer and the Buyer declared simultaneously with this consent that he agrees with losing the right of cancellation after the performance has been commenced.
The Buyer acknowledges that by accepting these General Terms and Conditions, he expressly agrees that the Seller will send him the link required to download the eBook by e-mail within 24 hours after payment of the purchase price of the eBook sold directly by the Seller to him. By sending the email, the Buyer loses his right of cancellation specified in this clause, which the Buyer acknowledges by accepting these General Terms and Conditions.
Exercise of the right of cancelling an order placed is only possible prior to the downloading of the eBook.
- Warranty, guarantee
In respect of the Seller’s warranty and guarantee obligations, the provisions of the Hungarian Civil Code and in respect of asserting warranty and guarantee claims, the provisions of GKM Decree 49/2003. (VII. 30.) shall apply. The Seller disclaims all liability for any damage resulting from improper or unlawful use of the product.
- Way of notification of warranty or guarantee claims:
If the Buyer wishes to assert his warranty or guarantee claims in connection with a product sold by the Seller, he shall do so by sending a declaration to the Seller.
The Buyer may notify his warranty or guarantee claim in a letter sent by post to the Seller’s address (László Marcell sole proprietor 2017 Pócsmegyer, Pipacs u. 4.), or by email (info@lagaallo.com).
The letter must contain:
- the Buyer’s name and address
- the name and purchase price of the product
- the date of purchase
- the date of notification of the defect
- the description of the defect
- the claim the Buyer wishes to assert.
If the Seller is not able to declare as to his ability to fulfil the Buyer’s claim at the time of the notification, he shall notify the Buyer of his position within 3 working days.
The Seller endeavours to perform the repair or replacement within a maximum of 15 days.
- Handling of complaints related to the Seller’s activity:
If the Buyer is not satisfied with the product sold by the Seller and would like to make a complaint towards the Seller, he may do so in a letter sent by post to the Seller’s address (László Marcell sole proprietor 2017 Pócsmegyer, Pipacs u. 4.), or by email (info@lagaallo.com).
The Seller will investigate all complaints. The Seller is obliged to investigate all oral complaints immediately and rectify it appropriately. If the Buyer does not agree with the handling of the complaint, or the complaint cannot be immediately investigated, the Seller shall promptly record the complaint and his position on the complaint and provide a copy of the record to the Buyer on the spot in case of a personally communicated oral complaint.
In the case of an oral complaint made by phone or using another electronic communications service, the Seller shall send his response on the merits to the Buyer in accordance with the requirements for responding to a written complaint.
Unless otherwise provided in the directly applicable legal act of the European Union, the Seller shall, within thirty days of receipt, respond in writing to the merits of the written complaint and take action to communicate it. A shorter deadline may be established by a legal regulation and a longer deadline may be established by law. The Seller is obliged to justify his position rejecting the complaint. The Seller shall assign a unique identification number to any oral complaint made by phone or by using electronic communications service.
The minutes of the complaint must contain the following:
- the Buyer’s name and address
- place, date and method of submitting the complaint
- a detailed description of the Buyer’s complaint, a list of documents and other proof presented by the Buyer
- the Seller’s declaration on his position regarding the Buyer’s complaint, if it is possible to investigate the complaint immediately
- the person taking the minutes and the Buyer’s signature – except for an oral complaint made by phone or using another electronic communications service
- place and date of taking the minutes
- in the case of an oral complaint made by phone or using another electronic communications service, the unique identification number of the complaint.
The Seller shall safeguard the minutes taken of the complaint and the copy of the response for five years and shall make them available to the control authorities upon request.
If a complaint is rejected, the Seller shall inform the Buyer in writing, before which Authority or the Arbitration Board the Buyer may initiate proceedings, depending on the nature of the complaint. The information shall also include the seat, telephone and internet contact details and the postal address of the competent Authority or the Arbitration Board competent according to the Buyer’s domicile or residence. The information must also include whether or not the Seller is using the Arbitration Board proceedings to resolve the consumer dispute.
- Arbitration Board, Consumer Protection:
The Seller hereby informs Buyers that if a Buyer does not agree with the Seller’s response to his complaint, he may contact the following authorities:
To initiate an Arbitration Board proceeding, the Buyer may contact the Arbitration Board at the Buyer’s place of residence or the Arbitration Board at the Seller’s seat:
Pest County Arbitration Board:
Address: 1119 Budapest, Etele út 59-61. II. em. 240.
Mail address: 1364 Budapest, Pf.: 81
Phone no.: 06-1-269-0703
Fax no.: 06-1-269-0703
Email address: pmbekelteto@pmkik.hu
The Arbitration Board is an independent body operating alongside the County Chamber of Commerce and Industry and the Metropolitan Chamber of Commerce and Industry. The purpose of their establishment was to attempt to resolve disputes between the Buyer and the Seller out of court, in particular to reach a settlement between the two parties, thereby facilitating the enforcement of consumer rights simply, quickly and effectively.
A precondition for opening Arbitration Board proceedings is that the Buyer has attempted to settle the case directly with the Seller. Arbitration Board proceedings are free of charge. The Buyer may only incur a payment obligation if the Board decides to the Buyer’s detriment.
Arbitration board proceedings are opened upon the Buyer’s request The request shall be submitted to the chairman of the Arbitration Board in writing, where the requirements of written form shall be deemed satisfied if made by way of correspondence conveyed in a letter, by telegraph, telex and fax, or through any other means which enables a consumer to store information addressed personally to that consumer for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
The request shall contain:
- the name and home address, or temporary residence of the Buyer
- the name and seat of the Seller, or his business premises affected
- an indication of the body requested in place of the competent Arbitration Board
- a brief description of the Buyer’s position, along with the facts and evidence in support
- the Buyer’s statement on having tried to solve the dispute directly with the Seller
- the Buyer’s statement showing that he did not initiate the proceedings of another arbitration board in the same matter, nor any mediation proceedings, and that he did not brought the case to court, and did not submit a request for the issue of an order for payment
- the motion with regard to the decision of the board
- the Buyer’s signature.
The document, or a copy (extract) of such document, that is presented by the Buyer in evidence shall be attached to the request, such as in particular the written statement of the Seller on the rejection of the complaint or, failing this, any other documentary evidence in the possession of the Buyer in proof of an attempt to reach a settlement prescribed above.
If the Buyer is represented in the proceeding by a proxyholder, his authorization must also be attached with the request.
If the Buyer detects a violation of his consumer rights, he is entitled to lodge a complaint with the Consumer Protection Authority competent according to his place of residence. After considering the complaint, the Authority will decide on the conduct of the consumer protection proceeding. The first instance authority duties of consumer protection are carried out by the district offices competent according to the consumer’s place of residence, whose list can be found on this website: http://jarasinfo.gov.hu/
The Buyer is entitled to enforce his claim resulting from a consumer dispute in a civil proceeding under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
- Miscellaneous and closing provisions:
The Buyer’s ordering from the Website presumes that the Buyer has the technical and legal knowledge of e-commerce. The Seller shall not be liable for any lack of such knowledge or for any defects attributable to electronic products and IT and telecommunication service providers (eg Internet service provider).
The Buyer is responsible for protecting his computer and the data on it.
If a mandatory provision of law or court decision limits or invalidates any provision of these General Terms and Conditions, this shall not affect the remaining provisions of the General Terms and Conditions.
In respect of issues not regulated by these General Terms and Conditions, the provisions of the Hungarian Civil Code (Act V of 2013) and other relevant legal regulations shall apply.
- Relevant legal regulations:
In respect of the contract entered into by the parties, particularly the following legal regulations apply:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
- Act V of 2013 on the Civil Code
- Government Decree no. 45/2014 (II.26) on the Detailed Rules of Contracts between a Consumer and an Enterprise.
These General Terms and Conditions shall enter into effect on March 1st 2020 and shall be applicable for orders and contracts coming into existence after this date.