AGB
General terms and conditions
§ 1 General
1. if the customer decides in the context of the ordering process for the dispatch of a product to a delivery address specified by him or for a product available by data download (eg software, eBook or audio file containing an audio book, radio play, piece of music or other sound recording in the form of an MP3 and / or WMA file), a contract with the operator of the homepiac store: Active club-Zala24 hrsz 321/5 8784 Kehidakustany (hereinafter referred to as: homepiac) as seller.
2. the following contractual terms and conditions shall apply exclusively to the business relationship between homepiac and the customer. Any terms and conditions of the Customer deviating therefrom shall not be recognized by homepiac unless it has agreed to their validity in writing.
§ 2 Conclusion of contract
(1) The contract, including these GTC, between the Customer and homepiac shall be concluded by the Customer sending the order entered by the Customer in the online input mask on the Website to homepiac by means of a mouse click or by pressing the ‘Enter’ key on “Buy” as a binding offer to conclude a contract. homepiac accepts this offer of the customer by delivery within a reasonable time (usual delivery time 5-10 working days). In the case of products delivered by data download, acceptance of the offer is effected by making the software, e-book or audio file available for download in the customer’s account area.
2. homepiac reserves the right to accept the offer, in particular in the event that the website contains typographical, printing or calculation errors that have become the basis of the Customer’s offer and in the event of any price adjustments made by the Suppliers in the meantime.
3. the language available for the conclusion of the contract is German and Hungarian. The text of the contract (GTC with individual order data of the customer) is not stored by homepiac after the conclusion of the contract and is therefore not accessible to the customer.
§ 3 Delivery of the goods / provision for downloading
1. physical goods are handed over by delivery to the delivery address specified by the customer. The shipping costs, if any, will be displayed to the customer on the order page before the order is completed. For deliveries abroad, the customer assumes the additional taxes and customs duties. Von homepiac will generally comply with the delivery times indicated on the website, provided that its own supply by wholesalers takes place within the indicated time. homepiac shall be entitled to make partial deliveries. Any additional costs incurred as a result will not be charged to the customer.
2. software, e-books and audio files are available for data download in the customer’s account area after the acquisition of the right of use.
3. the possibility of re-downloading e-books and audio files is a voluntary service provided by homepiac, which it may terminate at any time. homepiac therefore reserves the right to modify, suspend or discontinue, temporarily or permanently, the ability to re-download e-books and audio files at any time.
§ 4 Prices, Terms of Payment, Retention of Title
1. all prices stated on homepiac’s pages are inclusive of VAT as required by law. homepiac shall issue invoices in accordance with the statutory guidelines. As a non-profit organization, the VAT included cannot be shown on the invoice.
2. the customer has the choice between the payment methods offered during the ordering process.
3. the delivered goods shall remain the property of homepiac until they have been paid for in full. In the case of a data download, the granting of the usage license is subject to the full settlement of all claims against the customer arising from the order.
§ 5 Requirements for the use of e-books and audio files
1. homepiac does not provide the customer with ownership of e-books and audio files. The customer acquires a simple, non-transferable right, revocable before full payment of the license fee, to use the offered title for personal use.
2. the content of an e-book and/or an audio file may not be changed by the customer in terms of content or editing, subject to deviating mandatory statutory regulations. For products with PLR license, the customer may change the content as he wishes.
3. the customer may copy the audio files in MP3 format only for his own personal use or have a third party copy them for this purpose, provided that the third party makes the copy free of charge. Passing on MP3 audio files to third parties (including friends, relatives, acquaintances or similar) is only permitted temporarily for the purpose of making such a copy; otherwise, passing them on is not permitted, nor is making them publicly available or forwarding them, placing them on the Internet or in other network media, whether for a fee or free of charge, reselling them and/or using them in any other way for commercial purposes. For products with PLR license, the customer may copy and resell the product.
§ 6 Right of withdrawal for goods
For contracts for the delivery of goods, the customer has the following right of withdrawal:
— Cancellation policy —
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day:
– on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or has, if you have ordered several goods in the context of a uniform order and the goods are delivered separately;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece if you have ordered goods that are delivered in several partial shipments or pieces.
If several of the above alternatives exist, the cancellation period shall not begin until you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform homepiac by email to: info@zala24.com, by means of a clear statement of your decision to withdraw from this contract. The revocation must contain the following information:
– To by e-mail: info@zala24.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods, (*) or/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Electronic signature of the customer(s)
– Date
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must return to you all payments we have received from you, excluding delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We can refuse the refund until we have received the goods back. In the case of consumer goods, the refund will only be made if we have received the goods back unused and undamaged in the original packaging. In case of use you have to pay for the loss of value of the goods, at the same time the use causes the exclusion or premature expiration of the right of withdrawal.
You must return or hand over the goods to us immediately and in any case no later than ten days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of ten days. We bear the cost of returning the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that have been manufactured according to the customer’s order or that are clearly tailored to the consumer’s personal needs. The right of withdrawal expires prematurely for contracts for the delivery of books, audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 7 Right of revocation for data downloads
In the case of contracts for the delivery of data downloads (digital content not on a physical data carrier), the customer shall have the following right of revocation:
— Cancellation policy —
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform homepiac by email to: info@zala24.com, by means of a clear statement of your decision to withdraw from this contract. The revocation must contain the following information:
– To by e-mail: info@zala24.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods, (*)
or/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Electronic signature of the customer(s)
– Date
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Digital download products will be delivered by homepiac only after expiration of the objection period. However, you have the option to receive the product immediately, in which you waive the right of withdrawal when concluding the contract. For this purpose, a separate field must be activated with a check mark in the order process.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
§ 8 Warranty and liability
1. subject to the following paragraphs 2 to 4, the customer is entitled to the statutory warranty claims.
2. claims of the customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by homepiac, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of material contractual obligations, homepiac shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
4. the restrictions of paragraphs 2 and 3 are valid also in favor of the legal representatives and executing aides of Target.zala24.com, if requirements are made directly against these.
5 The provisions of the Product Liability Act shall remain unaffected, as shall any claims arising from a guarantee assumed by homepiac or a third party for the quality of the item or for the item retaining a certain quality for a certain period of time.
§ 9 Data protection
1. by sending the order, the customer authorizes homepiac to process, store, evaluate and use the data received in connection with the business relationship in accordance with data protection laws.
2. the customer has a right to information as well as a right to correction, blocking and deletion of his stored data.
3. detailed information about the nature and extent of data storage of personal data is available to the customer under the heading “Privacy” (see footer of the website).
4. homepiac shall use the Customer’s e-mail address to send the Customer the homepiac newsletter / info letter – should the Customer have subscribed to this – and for information letters containing current information about the store offers, services, special offers and promotions of homepiac. If the customer does not want to receive these information letters or the newsletter and / or other marketing emails (anymore), he can unsubscribe from them directly – via a link integrated in the corresponding email – free of charge and at any time.
§ 10 Miscellaneous
Hungarian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.