General terms and conditions

This document will not be registered (will not be accessible afterwards), it will be concluded only in electronic form, it will not be considered a written contract, it will be written in Hungarian, it does not refer to a code of conduct. In case of any questions related to the operation of the webshop, the ordering and delivery process, we are at your disposal at the contact details provided.

The scope of these GTC covers the legal relations on the Service Provider's website  and its subdomains. These Terms and Conditions are continuously available on the following website:

SERVICE PROVIDER INFORMATION:

Name of the service provider: KITTYMALL Limited Liability Company

The registered office of the service provider (and also the place of complaint handling): 1068 Budapest, Király utca 96. 2. em. 8.

Postal address of the business activity (shop, premises) of the company - if different from the postal address of the registered office: 1101 Budapest, Monori u. 1-3. E9-3

Contact details of the service provider, regularly used e-mail address for contacting users: info@smileykids.eu

Company registration number: 01-09-357548

Tax number: 27928150-2-42

Name of the authority registering in the register: Fővárosi Törvényszék Cégbíróság

Phone number: + 36-30 / 488-6748

Language of the contract: Hungarian

Hosting Provider:

UNAS Online Kft.

unas@unas.hu

Major köz 2. I/15

Sopron

H-9400, Hungary

BASIC PROVISIONS:

Matters not regulated in these Regulations and the interpretation of these Regulations shall be governed by Hungarian law, in particular Act V of 2013 on the Civil Code (the “Civil Code”) and the Act on Certain Issues of Electronic Commerce Services and Information Society Services 2001. CVIII of the year. (Elker Act) and Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II. 26.) Government Decree. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.

These Regulations shall be valid from the 15th day of the month of 11 November 2020 and shall remain in force until revoked. The Service Provider is entitled to unilaterally amend the Regulations (circumstances giving rise to the amendment: change in transport costs, change in legislation, business interest, changes related to the company). The Service Provider will publish the amendments on the website 11 (eleven) days before they enter into force - during which time the User is entitled to withdraw from the contract or terminate it. By using the Website, users agree that all regulations relating to the use of the Website will automatically apply to them.

 The Service Provider reserves all rights in the website, any part of it and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the contents or any part of the content appearing on the website without the written consent of the Service Provider.

REGISTRATION / PURCHASE

By purchasing / registering on the website, the user declares that he / she has read and accepted the terms and conditions of these GTC and the Data Management Information published on the website, and consents to the data management.

The user is obliged to provide his / her own real data during the purchase / registration. In the event of untrue or personally identifiable information provided during the purchase / registration, the resulting electronic contract will be void. The Service Provider excludes its liability if the User uses its services on behalf of another person with the data of another person.

The Service Provider shall not be liable for any delivery delays or other problems or errors that can be traced back to the data provided incorrectly and / or inaccurately by the User.

The Service Provider shall not be liable for any damages resulting from the User forgetting his / her password or making it available to unauthorized persons for any reason not attributable to the Service Provider.

RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE

The products displayed can be ordered online and in person. The prices shown for the products are in HUF, they include the VAT required by law, but they do not include the home delivery fee. There is no extra packaging charge.

In the webshop, the Service Provider displays the name and description of the product in detail, and displays a photo of the products. The images shown on the product data sheet may differ from the actual ones and may be used as illustrations.

If a special price is introduced, the Service Provider will fully inform the Users about the special offer and its exact duration.

If, despite all the care of the Service Provider, an incorrect price is posted on the surface of the Web Store, especially with regard to the obviously incorrect, e.g. for a price of HUF “0” or HUF “1” that differs significantly from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the Service Provider is not obliged to deliver the product at an incorrect price, but may offer delivery at the correct price, in the knowledge of which the Customer may withdraw from his intention to purchase. In accordance with Hungarian case law, a deviation of at least 50% from the market value of a given product or service in either a positive or negative direction is considered to be a significant difference. However, we inform consumers that the concept of conspicuous disproportionate value (Section 6:98 of the Civil Code) is not defined by law.

In the case of an erroneous price of the extent described in point 4.4, there is a striking disproportion between the actual and indicated price of the product, which an average consumer must immediately perceive. Pursuant to Act V of 2013 on the Civil Code (Civil Code), the contract is concluded by mutual and unanimous expression of the will of the parties. If the parties are unable to agree on the terms of the contract, ie there is no statement expressing the will of the parties mutually and unanimously, then we cannot speak of a validly concluded contract from which rights and obligations would arise. Based on this, an order confirmed at an incorrect / erroneous price will be considered a void contract.

ORDER PROCEDURE

After registering, the user logs in to the webshop and / or can start shopping without registration.

User sets the number of products to be purchased.

The user adds the selected products to the cart. Users can view the contents of the cart at any time by clicking on the “view cart” icon.

If the User wants to add another product to the cart, select the "Continue shopping" button. If you do not want to buy another product, check the number of products you want to buy. You can delete the contents of the cart by clicking on the "delete - X" icon. Click the "refresh" icon to finalize the quantity.

The user selects the shipping address and then the shipping / payment method of the following types:

Payment methods:

Personal collection: In cash upon receipt at the Service Provider's business premises or at another place specified by the Service Provider: In case of choosing to receive the goods upon receipt, the User shall pay the purchase price in cash at the Service Provider's business premises or other location specified by the Service Provider.

By bank transfer: The user is obliged to transfer the value of the ordered products to the bank account in the confirmation e-mail within 3 days. After crediting the amount to the Service Provider's bank account, the User is entitled to receive the product (s) in the manner specified by him.

Online credit card: The user has the option to pay the total value of the order online with a credit card through the secure payment system of the financial service provider used by the Service Provider. Online credit card payments are made through the Barion system. Credit card details will not be sent to the merchant. The service provider Barion Payment Zrt. Is an institution supervised by the Magyar Nemzeti Bank, its license number is H-EN-I-1064/2013. ”

     5.5.2. Shipping cost:

Within Europe:

lf any order over 2500 Euros: Free shipping

Outside Europe: we charge an individual shipping cost (depending on the order amount)

Delivery can be expected in 2-7 working days.

If there is an error or defect in the products or prices in the webshop, we reserve the right to make corrections. In this case, we will inform the customer of the new data immediately after recognizing or modifying the error. The user can then confirm the order once more or withdraw from the contract.

The final amount to be paid includes all costs based on the order summary and confirmation letter. The invoice (and, if included with the product, the warranty card) is included in the package. The user is obliged to inspect the package before the courier upon delivery, and in case of any damage to the products or packaging, he is obliged to request a report, and in case of damage, he is not obliged to accept the package. Subsequent complaints without minutes will not be accepted by the Service Provider! Packages will be delivered on business days between 8am and 5pm.

After entering the data, the User can send his order by clicking on the "confirm order" button, but before that he can check the entered data again, send a comment about his order or send us another e-mail request.

By placing an order, the user acknowledges that his payment obligation arises.

Correcting data entry errors: Before completing the ordering process, the user can always return to the previous phase, where he can correct the data entered. In detail: During the order it is possible to view or change the contents of the cart, if the cart does not contain the quantity to be ordered, the user can enter the number of the quantity to be ordered in the data entry field in the quantity column, then press “refresh / refresh cart ”Button. If the User wishes to delete the products in the cart, he / she will click on the "X" "delete" button. During the order, the User has the possibility to correct / delete the entered data continuously.

The user will receive an e-mail confirmation after the order has been sent. If this confirmation is not received by the User within the expected time limit, depending on the nature of the service, but no later than within 48 hours from the sending of the User's order, the User is released from the obligation to make an offer or a contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for the confirmation if the confirmation is not received in time because the User provided an incorrect e-mail address during registration or is unable to receive a message due to the saturation of the storage space belonging to his account.

The user acknowledges that the confirmation discussed in the previous section is only an automatic confirmation and does not create a contract. The contract is concluded when the Service Provider notifies the User of the details of the order and the expected fulfillment of the order in another e-mail after the automatic confirmation mentioned in the previous point.

PROCESSING AND EXECUTION OF ORDERS

OrdeRs are processed during business hours. It is also possible to place an order outside the dates indicated as the processing of the order, if it is processed after the working hours, it will be processed the next day. In all cases, the service provider's customer service will confirm electronically when you can fulfill your order.

General deadline for performance, within 5 working days from the conclusion of the contract.

Pursuant to the sales contract, the Service Provider is obliged to transfer the ownership of the thing, the User to pay the purchase price and take over the thing.

If the seller is the business and the buyer is a consumer and the seller undertakes to deliver the thing to the buyer, the risk of damage passes to the buyer when the buyer or a third party.

LICENCE PRECEDENT
Responsibility

The Customer uses the Website for his/her own responsibility and accepts that the Supplier does not have responsibility for wealth and non-wealth damages during the using process and moreover does not have responsibility over any kind of damages of human life, limb and health-damaging breach of contract.

The Supplier rules out all the responsibility about the behaviour of the users of the Website. The Customer must take care about not to hurt neither direct or indirect way the third pesron's personality rights or other laws during the use of the Website. The Customer is fully and exclusively responsible for his/her own behaviour, the Supplier cooperates in this case in all the way with the authorities to lighten the trespass if needed.

The Supplier is appropriate, but not liable to check the adventitiously available contents by the Customers during the use of the Website and according to the contents the Supplier is appropriate but not liable to search signs about incidental illicit processes.

The pages of the service could contain connecting points (links) which lead to other suppliers' pages. The Supplier does not take responsibility about these pages' privacy policy and any kind of their activities and works.
Because of the global aspect of the Internet the Customer accepts that during the use of the Website he/she must proceed according to the related international laws. In connection of the use of the website if some kinds of activity is not allowed according to the Customer's state's laws, the responsibility encumbers exclusively just the Customer.

If the Customer notices reprehensible content on the Website, he/she is liable to inform the Supplier about it forthwith. If the Supplier decides during the confiding investigation process that the information is well-founded, the Supplier is obligee to delete or modify the information forthwith.

According to the GTC this contract between Supplier and Customer ends if the Customer deletes his/her registration or if the Supplier deletes the registration of the Customer.

BUYING IN THE WEB SHOP
Registration

The most parts of the Website are available for all the Customers without Registration, but to order from the Website the Registration is required.

The Customer can make the Registration with the button "Registration" on the main site (on the left on the top over the Javoli logo). Please click on the button and fill the details which are required. When it is finished, scroll down and click on the button "Registration". During the Registration the Customer must give the following details:

Under the "Login details"

E-mail address
Password

Under the "Contact information"

Name
Phone number
Mobile phone number

Under the "Billing address"

Name
Billing address: city, zip code, street name, housenumber, country
If the customer is company the VAT number is required

The basic setting on the Website is that the billing address and the delivery address are the same. If the billing address and the delivery address is not the same, the Customer can find a little square and there is a thick in it and this thick must be erased from the square with one click on this square. After it to give another deivery address become possible.

The Customer has the opportunity to suscribe the newsletter of the Supplier with clicking into the belonging square and put a thick into it.

For the Registration Confirmation is needed. After Customer sends the Registration, the Supplier must check it and if everything is alright the Registration and the access to the Website will be confirmed. About the Confirmation the Supplier informs the Customer in e-mail. After this e-mail is received, the Customer can log in to the Website every time if he/she wants.

After the successful confirmed Registration the Customer can log in to the Website by clicking on the button "Login". There he/she must give the registered e-mail address and type the password.

Customer is appropriate to delete his/her Registration from the Website with an e-mail which must be sent to info@javoli.com. After the e-mail arrives to this e-mail address, the Supplier must take care about the deletion of the Registration. The details of the Customer will be deleted from the database immediately, but this deletion is not valid for the rules in connection with the previously completed orders and transactions and the belonging documents. After the deletion to set back the details is not possible.

For the access details (especially for the password) and keeping them in secret exclusively the Customer is responsible. If the Customer gets the information that the given password possessed by an unauthorized third person, Customer must take care about the modification of the password. If it is probable that the third person abuses with any kind of use of the password, Customer is responsible to inform the Supplier immediately.

The CuStomer must inform the Supplier about every change in connection with his/her company details via the customerservice@javoli.com e-mail address (change of VAT number, delivery address or billing address). If Customer does not inform the Supplier about the changes and the package will be delivered to wrong address or if the validity of the VAT number expires and Supplier sells the products in netto prices and make invoice with bad prices, all the responsibility is for the Customer.