These General Contract Terms and Conditions (hereinafter referred to as GCTC) of Next Ship Korlátolt Felelősségű Társaság (registered office:2000 Szentendre, Pásztor u. 62/4, e-mail address:firstname.lastname@example.org; hereinafter referred to as Next Ship) enter into force on 01.12.2018. The GCTC apply to the e-commerce service provided by Next Ship through its web store.
I. General provisions
1. These GCTC apply to online purchases at the web store available on the following address: www.vayage.com.
2. The characteristics and major data of the products available on order are included in www.vayage.com.
3. The orders for the products are governed by the provisions of the GCTC.
4. The GCTC contain the rights and obligations of Next Ship as seller and the customer as buyer (hereinafter referred to as Customer).
5. Consumers and organisations and legal entities other than consumers are eligible for online purchases. Customers other than consumers are also governed by the provisions of the GCTC, with the exception of the rules which by nature can only be applied to consumers.
6. Pursuant to Act V of 2013 on the Civil Code a consumer is a natural person who uses the services of Next Ship’s web store while proceeding in any way other than within the scope of their trade, individual occupation or business.
7. By placing an order, the consumer or any Customer other than a consumer recognises being aware of the provisions of these GCTC and the Privacy Notice and expressly accepting them in accordance with their text, effective at the time of placing the order. The two documents can be accessed by clicking on the link pointing to them and may be downloaded from that page. The documents may be accepted by ticking the checkbox dedicated to it. By purchasing the products the Customer does not obtain the right to use the trademarks, business titles, logos, etc. of Next Ship or other entities having a contract with Next Ship.
8. Next Ship reserves the right to amend these GCTC. Any future modifications become effective when the amended GCTC are uploaded on the website.
II. Order of products
9. The display of the products in the webshop does not constitute an offer and any information about them is only for representation and information.
10. Next Ship reserves the right to limit the number of products available for purchase through the web store www.vayage.com. The limitation is indicated in the applicable offer.
III. Placing an order
11. No registration is required to order products in the webshop, but the Customer must provide the following data for billing and placing an order in advance.
- e-mail address
- address/delivery address
- phone number
- Name, position and workplace e-mail address of the contact person in case of non-natural person Customers
12. Next Ship wishes to point out that if the Customers do not supply the requested data, they will not be able to use the service.
13. Prior to placing or finalising an order, the Customer may check the provided data and may also modify them if necessary.
14. Following the selection of the products, the Customer finalises the order with the payment which must be made by bank card through the Barion system that automatically comes up on the website. Within the framework of an order the Customer may choose normal or express (with a surcharge) delivery. Within 48 hours from the finalisation of an order the Customer receives a confirmation e-mail, containing the exact data of the order and the delivery.
15. The products are ordered when they are put into the basket and the order form is completed, which also contains the payment of the purchase price by clicking the ‘Pay now’ button.
16. The contract established with the order does not qualify as a written contract, it is not accessible but Next Ship records it electronically in order to resolve any potential future disputes or defective performance. Contracts are concluded in the Hungarian language with Hungarian Customers and in English in every other case. The sale and purchase contract becomes effective when Next Ship confirms the order, i.e., when the confirmation becomes available for the Customer and not with the order itself. The rights and obligations resulting from the sale and purchase agreement also enter into force then.
17. Next Ship reserves the right not to confirm the order if the ordered product is not in stock or if the ordered quantity is not available. Next Ship notifies the Customer about that fact. The response to that notification by the Customer does not constitute a new order and orders may not be supplemented. In such a case, Next Ship returns the paid purchase price or delivery fee to the Customer without delay.
18. With regard to the legal relationship established between the Customer and Next Ship the Hungarian law shall prevail.
19. If the Customer qualifies as a consumer, then the provisions of Government Decree 45/2014 (26 February) on the detailed rules of contract between consumers and business entities shall be applied to the contract.
IV. Supply terms and conditions
20. Next Ship can execute an order only with delivery, following the payment of the total purchase price and delivery fee.
21. The products ordered on www.vayage.com website may be taken over in person or by the individual expressly referred to by the Customer during the order.
22. The price of the products does not include the delivery fee. The Customer is informed about its amount prior to the finalisation of the order, with an automatic calculation that is performed once the delivery point has been specified.
23. Next Ship makes deliveries with the following sub-contractor:
Complexpress Logisztika Kft. (registered office: 1033 Budapest, Szentendrei út 89-95., company registration No.: 01-09-980739)
24. Next Ship transfers the personal data provided by the Customer during the order to the sub-contractor for the purposes of transportation and the Customer consents to it simultaneously with the contract. For information concerning the processing and control of your data please read our Privacy Notice, which may be downloaded from the www.vayage.comlink or may be viewed on our website.
25. Delivery is made at the point indicated by the Customer. Please, provide an address where you or any other person entitled for take-over of the order is available at the time indicated in the order confirmation. The take-over of the product is the Customer’s obligation.
26. If the product is not took over due to the Customer’s fault, Next Ship may cancel the contract and shall inform the Customer about it without delay.
27. The delivery time is 10 working days on condition that Next Ship shall not be liable for any delay in relation to deliveries outside the European Union.
28. Next Ship shall not be liable for any delay in the delivery, especially when the delay is the result of the erroneous supply of the Customer’s data.
29. The Customer may return the products only by using the services of Complexpress Logisztika Kft. following consultation with Next Ship.
30. The Customer may track the parcel by using the tracking number received with the confirmation e-mail. If the Customer cannot take over the parcel at the specified time, Next Ship shall make another attempt for delivery but if that also fails, Next Ship may cancel the contract based on section 26 of the present GCTC.
V. Payment terms and conditions
31. The Customer may pay the purchase price and the delivery fee only online, with a bank card.
32. The prices stated in the confirmation are final and contain VAT and other expenses. Price changes related to the products made after the closing of the order do not apply to the contract as the prices established and published at the time of the contract shall prevail.
33. Next Ship can start executing an order after the purchase price has been credited on its bank account.
VI. Transfer of ownership rights
34. The Customer acquires the ownership right to the product by paying the total purchase price. Next Ship undertakes to allow the Customer to acquire the ownership right to the product after the payment of the purchase price and shall hand over the product constituting the sale and purchase transaction together with the documents applicable to it. The product shall be deemed delivered at the time of the delivery, following the handover.
VII. Consumer’s right of cancellation
35. Pursuant to Government Decree 45/2014 (26 February) a Customer qualifying as a consumer (hereinafter referred to as Consumer) shall have the right to cancel the contract. That right may be exercised prior to the take-over of the products or - if the product has already been taken over - within 14 days following the take-over or when a product consists of multiple items, within 14 days following the take-over of the last item.
36. The Customer shall inform Next Ship of cancellation via e-mail.
37. The template form of the cancellation declaration defined in Government Decree 45/2014 (26 February) is attached to the present GCTC. The Consumer shall be entitled but not obliged to use that form for notifying cancellation.
38. When the Consumer cancels the contract, Next Ship shall refund the total purchase price to the Consumer within 14 days. The refund shall be made with the same payment method that was applied by the Consumer during the order. Next Ship may choose a different payment method with an express consent of the Consumer, but the Consumer may not incur any additional cost in relation to it.
39. If multiple products are ordered and the Consumer cancels only some of them, then the refund shall correspond to the purchase price of the returned products.
40. In the case of cancellation the Consumer is obliged to return the product, preferably but not mandatorily, in the original packaging. The Consumer must certify the return beyond any doubt as Next Ship shall be obliged to make a refund only subsequently.
41. In the case of cancellation, the direct cost of refund shall be borne by the Consumer only pursuant to Section 24 (2) of Government Decree 45/2014 (26 February).
42. Next Ship reserves the right to unilaterally offset any depreciation against the refund of the purchase price under the title of damage compensation that has occurred in relation to use that exceeds the use required for establishing the nature, characteristics and operation of the product.
43. The Consumer shall not be entitled to cancel the contract in cases defined in Section 29 (1) of Government Decree 45/2014 (26 February). Thus, the Consumer shall not be entitled to cancel the contract
- in relation to any product in closed packaging that cannot be returned after opening following delivery for health protection or hygienic reasons;
- in relation to products that were produced on the basis of the instructions or an express request of the Customer, or in relation to products that were clearly customised for the Consumer.
44. In the case of wallpaper or other wall decoration Next Ship can accept cancellation only if the application of the product has not yet started.
VIII. Liability for defects
45. In the case of defective performance of the Next Ship, the Customer may make a claim on liability for defects pursuant to the provisions of the Civil Code.
46. The Customer may opt for the repair or replacement of the product unless the selected solution is not feasible, or would entail disproportionate additional costs for Next Ship compared to the satisfaction of any other claim. If the Customer does not or could not opt for repair or replacement, they may request the proportionate reduction of the purchase price or Next Ship may make a repair at its own cost, or may have the fault corrected by a third party. Ultimately, it may also cancel the contract.
47. Pursuant to the legal regulations, the Customer may switch from the selected claim on liability for defect to another right, but the respective cost shall be borne by the Customer, unless, that switch was caused by Next Ship or it was justified.
48. Please note, that any fault must be reported to Next Ship immediately after its detection but within no more than two months. After two years from the execution of the contract, the claim on liability for defect shall expire and can no longer be enforced.
49. You may make a claim on liability for defect directly against Next Ship. Within six months from the execution of the contract you have no other obligation but indicate the fault to enforce a claim if you can prove that the product or the service was supplied by Next Ship. However, after six months from execution, the Customer will be obliged to prove that the defect detected by them existed already at the time of delivery.
IX. Product liability
51. Instead of the liability for defect indicated above, you may also have a claim under product warranty.
52. Within the framework of product warranty, the Customer may only request the replacement or repair of a faulty product.
53. A product is deemed to be defective if it fails to comply with the quality requirements in effect at the time it is released to the market, or if it does not have the features included in the product description provided by the manufacturer.
54. A claim may be enforced under product warranty within two years after the product is released for distribution by the manufacturer. After that deadline the Customer loses that right.
55. Any claim under product warranty may be enforced only against the manufacturer or distributor of the defective product (Next Ship). In order to exercise the right, the Customer must prove the fault of the product and that the fault already existed when the product was released for distribution.
56. The manufacturer or distributor shall be released from product liability only if it is able to prove that:
- it did not manufacture or distribute the product in the framework of its business activities, or
- the defect was unrecognisable using the technology available at the time of releasing the product to the market, or
- the product defect arises out of the application of legislation or a statutory requirement.
57. Manufacturers (or distributors) need to prove only one of the above reasons to be released from liability.
58. A claim under product warranty or a claim on liability for defect may not be enforced simultaneously in relation to the same fault of the same product. However, the rights under product warranty apply to products replaced under product warranty.
X. Limitation of liability and force majeure
59. Next Ship is not liable for any damage occurring as a result of the use or operation of the website or for any of the following cases, regardless of its cause: data sent and/or received online do not reach the destination; faults of operation of the Internet network, preventing the execution of this contract; faults of the reception devices or communication lines, loss of any content or data; fault in any software of website, program errors, consequences of extraordinary events or technical faults; also include force majeure; as well as the fees of the Internet provider of the Customer.
60. Next Ship regularly checks the prices displayed on the website, yet reserves the right to change the prices due to an obvious mistake made in the calculation, editing or typing, or to make other amendments.
XI. Data Protection
61. Next Ship processes the data provided by you only for issuing an invoice for your order and for arranging for its delivery. Processing of data relating to the invoice is a statutory requirement and Next Ship preserves those data for eight years. The data processed for delivery are required in order to fulfil a contractual obligation. Once the contract has been executed, those data will be erased.
62. Next Ship transfers your data to Complexpress Logisztika Kft., which is responsible for delivery and Solidus Profit Kft., which is responsible for bookkeeping. For more information about the listed companies indicated above, please read the Privacy Notice.
63. Next Ship and the data processors listed above process your data only in the manner and for the period indicated in the Privacy Notice, your data will not be used for advertising, profiling or any other purpose not indicated in the Privacy Notice.
64. Next Ship and the companies indicated above shall process and manage your data with the greatest amount of care.
XII. Complaint management
65. Customers may address their complaint to Next Ship at email@example.com address.
66. The Parties shall resolve any dispute in front of the regional arbitration board competent according to the consumer’s residential address. Should the process fail, consumers may turn to the geographically competent district offices.
67. If you do not receive a satisfactory response to your remark from Next Ship or the manufacturer, you may address your complaint to the following arbitration boards:
Baranya County Arbitration Board
Address: 7625 Pécs, Majorosy Imre u. 36.
Postal address: 7602 Budapest, PO Box: 109.
Phone number: (72) 507-154
Fax number: (72) 507-152
President: Dr. József Bodnár
Bács-Kiskun County Arbitration Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: (76) 501-525, (76) 501-532
Fax number: (76) 501-538
President: Dr. Zsuzsanna Horváth
E-mail address: firstname.lastname@example.org
Békés County Arbitration Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: (66) 324-976, 446-354, 451-775
Fax number: (66) 324-976
President: Dr. László Bagdi
Borsod-Abaúj-Zemplén County Arbitration Board
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number: (46) 501-091, 501-870
Fax number: (46) 501-099
President: Dr. Péter Tulipán
E-mail address: email@example.com
Arbitration Board of Budapest
Address: 1016 Budapest, Krisztina krt. 99.
Phone number: (1) 488-2131
Fax number: (1) 488-2186
President: Dr. György Baranovszky
E-mail address: firstname.lastname@example.org
Csongrád County Arbitration Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: (62) 554-250/ extension 118
Fax number: (62) 426-149
President: Dr. Károly Horváth
E-mail address: email@example.com
Fejér County Arbitration Board
Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Phone number: (22) 510-310
Fax number: (22) 510-312
President: Dr. József Kovács Vári
Győr-Moson-Sopron County Arbitration Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: (96) 520-202; 520-217
Fax number: (96) 520-218
President: László Horváth
E-mail address: firstname.lastname@example.org
Hajdú-Bihar County Arbitration Board
Address: 4025 Debrecen, Petőfi tér 10.
Place of administration: 4025 Debrecen Vörösmarty u. 13-15.
Phone: 06-52-500-710, 06-52-500-745
President: Dr. Zsolt Hajnal
E-mail address: email@example.com
Heves County Arbitration Board
Address: 3300 Eger, Faiskola út 15.
Postal address: 3301 Eger, PO Box 440.
Phone number: (36) 416-660/extension 105
Fax number: (36) 323-615
President: Dr. Csaba Gordos
E-mail address: firstname.lastname@example.org
Jász-Nagykun-Szolnok County Arbitration Board
Address: 5000 Szolnok, Verseghy park 8.
Phone number: (56) 510-610
Fax number: (56) 370-005
President: Dr. Judit Vígh Mrs. Lajkó
E-mail address: email@example.com
Komárom-Esztergom County Arbitration Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: (34) 513-010
Fax number: (34) 316-259
President: Dr. György Rozsnyói
E-mail address: firstname.lastname@example.org
Nógrád County Arbitration Board
Address: 3100 Salgótarján, Alkotmány út 9/a
Phone number: (32) 520-860
Fax number: (32) 520-862
President: Dr. Erik Pongó
E-mail address: email@example.com
Pest County Arbitration Board
Address: 1119 Budapest, Etele út 59-61. 2ndfloor 240.
Phone number: 06-1-269-0703
Fax number: 06-1-269-0703
President: dr. Károly Csanádi
E-mail address: firstname.lastname@example.org
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna utca 6.
Phone number: (82) 501-000
Fax number: (82) 501-046
President: Dr. Ferenc Novák
E-mail address: email@example.com
Szabolcs-Szatmár-Bereg County Arbitration Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: (42) 311-544, (42) 420-180
Fax number: (42) 420-180
President: Dr. Katalin Balmaz Mrs. Görömbei
E-mail address: firstname.lastname@example.org
Tolna County Arbitration Board
Address: 7100 Szekszárd, Arany J. u. 23-25.
Phone number: (74) 411-661
Fax number: (74) 411-456
President: Dr. Ferenc Gáll
E-mail address: email@example.com
Vas County Arbitration Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: (94) 312-356
Fax number: (94) 316-936
President: Dr. Zoltán Kövesdi
E-mail address: firstname.lastname@example.org
Veszprém County Arbitration Board
Address: 8200 Veszprém, Budapest u. 3.
Phone number: (88) 814-111
Fax number: (88) 412-150
President: Dr. Csaba Vasvári
E-mail addres: email@example.com
Zala County Arbitration Board
Address: 8900 Zalaegerszeg, Petőfi utca 24.
Phone number: (92) 550-513
Fax number: (92) 550-525
President: Dr. Sándor Molnár
68. The Parties shall resolve any dispute in front of the regional arbitration board competent according to the consumer’s residential address. Should the process fail, consumers may turn to the geographically competent district offices.
Cancellation/termination declaration template
(complete and return only if you wish to cancel/terminate the contract)
I/we the undersigned hereby declare that I/we am/are exercising my/our right in relation to the contract for the sale of the following product(s) or supply of the following service (please specify the product(s):
Date of contract / Date of take-over:
Consumer’s signature: (only for declarations made in hard copy):