Terms and Conditions
General terms and conditions
Lungo Shop Ltd.
Headquarters: 1112 Budapest, Löveg Street 2. Building C. Ground floor, 1st door
Tax number: 32288539-2-43
Company registration number: 0109416250
Managing Director with independent representation rights: Gergő Borbás
I. BASIC PROVISIONS
The purpose of these General Terms and Conditions (hereinafter: GTC) is to ensure that Lungo Bolt Kft (hereinafter: Service Provider) provides high-quality service to all its Customers under the same conditions. The website sells products made by the Service Provider. The images displayed for the products are only illustrations and may differ from reality.
On the website www.lungo.hu, the Service Provider presents the products that the visitor can select. Information and descriptions related to each product are contained in the product data sheet. In order to avoid any misunderstandings, it should be clearly stated that the product range displayed on the website (or the products presented on various online platforms) – including the price of each product – is for informational purposes only and shows the status valid at the time of viewing.
These GTC constitute an inseparable annex to the contracts concluded by the Service Provider. Issues not regulated in this document and the individual contract, as well as the interpretation of this document and the individual contract, are governed by Hungarian law, with particular regard to the provisions of Act V of 2013 on the Civil Code (hereinafter: the Civil Code).
This policy is reviewed and maintained annually, subject to changes in legislation.
- Entered into force: December 22, 2021.
- Applicable: from 22 December 2021
II. SCOPE OF THE GTC
The scope of the GTC covers all contracts, invitations to tender, offers, individual contracts, assignments, orders or authorizations concluded by the Service Provider, based on which the Service Provider provides entrepreneurial activities or other services to the Customer or a third party in return for consideration. The temporal scope of the contract lasts from the signature by the Contracting Parties or the advance payment until the full settlement of the entrepreneurial fee, and in the case of a permanent assignment, until withdrawal.
III. CONCEPT DEFINITIONS
The following terms included in the individual contracts of the Contracting Parties and in the legal relationship between the Contracting Parties shall have the following meanings, unless otherwise agreed:
1. “Individual Contract”: a mutually agreed declaration of intent establishing a legal relationship between the Customer and the Service Provider, which covers the essential content elements of the legal relationship.
2. "Customer" : a contracting partner or customer subject to the scope of the GTC, to whom the Service Provider provides services, or a person browsing the web store.
3. “Service Provider”: Lungo Bolt Kft., registered office: 1112 Budapest, Löveg utca 2. C. building. Ground floor. 1. door
4. “Contracting Parties”: the Customer and the Service Provider when mentioned together.
5. “End User”: the direct or indirect client of the Buyer who uses the service under the contract.
6. “Consumer”: a consumer within the meaning of Section 2(a) of Act CLV of 1997 on Consumer Protection, i.e. a natural person acting for purposes outside their independent occupation and economic activity, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communication or offers related to goods. For the purposes of the rules on the conciliation body – with the exception of the application of Regulation (EU) No 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC – a consumer also includes a civil society organisation, a religious legal entity, a condominium, a housing cooperative, a micro, small and medium-sized enterprise acting for purposes outside its independent profession and economic activity, which purchases, orders, receives, uses, makes use of goods or is the recipient of commercial communication or offers related to goods. For the purposes of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on combating unjustified geo-blocking and other forms of discrimination based on the Customer's nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC [hereinafter: Regulation (EU) 2018/302], a consumer is also an undertaking that qualifies as a Customer under Regulation (EU) 2018/302.
IV. PROVISIONS RELATING TO INDIVIDUAL CONTRACTS
1. Registration and Creation of an Individual Contract
1.1. Customers can use the Service Provider's services via the website www.lungo.hu. Registration on the website is not a prerequisite for using the services, but it serves to make the functions on the website easier to use. Registration only takes a few minutes. To register, the Customer must provide the following data:
- full name (last name, first name(s), any prefixes (junior, senior, doctor, widow)
- phone number, essential for successful receipt
- email address
- password
- reconfirm password
During registration, the Customer provides his/her data for multiple access and, after reading the “Privacy Policy” at the end of the registration interface, must declare that he/she has read the content of the Privacy Policy and that he/she accepts the Privacy Policy, i.e. expressly consents to the processing of his/her data by the Service Provider. The registration does not expire, even if the Customer does not log in to the system for a long period of time. In case of forgetting the password, the Customer can request a new password by entering the username and e-mail address provided during registration.
1.2. The Buyer can browse the products on the www.lungo.hu website. The Buyer can find a detailed description of each product on the website, on the product data sheet. The Buyer can select the product by searching for a given product using the “Search” button, or by expanding the product groups/categories or by selecting the last viewed products. In the product list or after opening the product, the quantity of the given product can be selected, and then the selected quantity of products is added to the virtual cart by using the “Add to Cart” button. The content of the virtual cart can be viewed at any time, its quantity can be modified or even the products can be deleted. The content of the virtual cart is updated by selecting a new product. When updated, the price of the products in the cart is updated according to the current prices. If the Buyer has selected the products he wants to purchase, placed them in the Cart, and does not want to select more products, he can proceed by clicking the “Order” button. If the Buyer starts the purchase by registering, the contents of the basket will not be lost when the website is closed. In such a case, the contents of the basket will remain unchanged when the website is reopened. After clicking the “Order” button, it is mandatory to fill in the “Shipping and billing information” form. The Buyer is obliged to provide the shipping information to send the order, such as the recipient’s name, shipping address, and billing information. After clicking the “Select payment method” button, the Buyer chooses from the possible payment methods, and then by clicking the “Finalize and pay” button, the Buyer sends the order to the Service Provider. The condition for sending the order is that the Buyer expressly declares that he has read these GTC and that his personal data is processed. After reading the “Privacy Policy” at the end of the order submission interface, you must declare that you have read the content of the Privacy Policy and that you accept the Privacy Policy, i.e. you expressly consent to the processing of your data by the Service Provider. The Customer makes these declarations by clicking on the empty boxes. Sending the order does not constitute the creation of the Individual Contract. Within 24 hours of sending the order, the Service Provider will send a confirmation e-mail to the e-mail address provided by the Customer stating that the order is “Processing”. The Service Provider will notify the Customer by e-mail within three working days that the Order has been accepted. The Individual Contract is created by sending this second e-mail.
1.3. The Service Provider reserves the right to record the Individual Contract in writing. The Service Provider shall immediately notify the Customer of its intention to record the Individual Contract in writing after sending the first e-mail specified in point 1.2. If the Service Provider indicates this intention, the Individual Contract may only be concluded in writing in the future.
2. Content of the Individual Contract
2.1. Unless the Service Provider states otherwise in the confirmation message, the prices confirmed by the Service Provider valid at the time of the order shall apply to the Individual Contract.
2.2. The confirmation message contains the data provided by the Customer during the purchase, the order data, the name and price of the ordered product(s), the chosen payment and delivery methods, the order number, and the Customer's comments regarding the order.
2.3. The warehouses of the Service Provider's supplier partners are updated in cycles. Due to this circumstance, it is possible that a product or raw material that can still be ordered in the store may run out of the supplier's stock in the meantime. The Service Provider will always notify you of this circumstance and the Buyer can decide what to do next, i.e. wait for the product or cancel the order, as they choose. The Buyer may request cancellation of the order within 3 working days after the Service Provider's notification. If this deadline is missed, the Service Provider will record the order, after which the order can no longer be canceled. The Service Provider will refund the purchase price already paid to the Buyer within 3 working days after the Buyer's decision to cancel.
2.4. The Individual Contract concluded with individually defined conditions includes the data provided by the Buyer, the order data, the name and price of the ordered product(s), the chosen payment and delivery methods, the order number, and the individually defined conditions, in particular the sizing, pattern, color and template.
2.5. Any Contracting Party may initiate an amendment to the Individual Contract.
V. PERFORMANCE OF AN INDIVIDUAL CONTRACT
1.1. The prices published in the web store and included in the Individual Contract concluded with individually defined conditions are gross prices increased by general sales tax, which include the price of the products.
1.2. In the case of an order exceeding HUF 200,000, i.e. two hundred thousand forints, the Buyer is obliged to pay an advance payment of 40%, i.e. forty percent, which is paid by bank transfer. The Service Provider issues an advance invoice after processing the order, which is sent to the Buyer by e-mail. The Service Provider shall only begin the performance of the Individual Contract after the advance invoice has been settled.
1.3. In the case of an order exceeding HUF 400,000, i.e. four hundred thousand forints, the Buyer is obliged to pay an advance payment of 60%, i.e. sixty percent, which is paid by bank transfer. The Service Provider issues an advance invoice after processing the order, which is sent to the Buyer by e-mail. The Service Provider begins the performance of the Individual Contract only after the advance invoice has been settled.
1.5. The Service Provider shall issue a cash or bank transfer invoice to the Buyer for each sale, which shall be delivered to the Buyer by post or by personal delivery upon delivery of the product. If the Buyer does not receive the invoice sent by registered mail at the address indicated on the order, it shall be deemed to have been delivered on the fifth working day following the second attempted day of postal delivery and the delay shall not be invoked against the Service Provider. If the Buyer settles the purchase price by bank transfer, the Service Provider shall issue an invoice for the performance, which shall be sent to the Buyer by e-mail.
1.6. If the Buyer chooses the bank transfer payment method, the amount to be paid must be paid to the Service Provider's bank account before the delivery date:
Beneficiary:
Lungo Bolt Ltd. Bank: MBH Bank Plc.
Comment:
Order number
Bank account number:
10300002-13492491-00014905
In case of bank transfer from abroad:
HU19103000021349249100014905
Addressee's registered office:
1112 Budapest, Löveg Street 2. Building C. Ground floor, 1st door
Bank headquarters:
1056 Budapest, Vaci Street 38.
2. Financial coverage
2.1. The Contracting Parties - simultaneously with the conclusion of the Individual Contract - declare that they are not subject to bankruptcy proceedings, liquidation or receivership.
2.2. The Contracting Parties undertake to immediately notify the other party in writing of any possible change in their financial situation (bankruptcy, liquidation, final settlement, etc.), their legal situation and any change in their data relevant to the contract.
2.3. By signing the contract, the Buyer declares that he has the amount to cover the purchase price at his disposal. The Buyer also undertakes that if the amount to cover is no longer available for any reason, even if it is due to reasons beyond his control, he will immediately notify the Service Provider of this circumstance. In this case, the Service Provider will be entitled to withdraw from or terminate the contract.
3. Delivery
3.1. The Service Provider undertakes to deliver the ordered product – through its contracted delivery partners – to the Hungarian delivery address specified by the Customer during the order. The Service Provider ensures the proper packaging of the ordered product and the sending of accompanying documents.
3.2. The Service Provider shall inform the Buyer in advance of the expected date of delivery of the product, however, notifications and communications related to the delivery of the products – with particular regard to the expected date of delivery – are for informational purposes only and do not become part of the contract. Accordingly, neither the Service Provider nor the Buyer may claim compensation from the other party in the event of failure or non-fulfillment of the statements and information made in connection with delivery.
3.3 Unless otherwise provided in these GTC, the Service Provider ensures the delivery/receipt of the ordered products within Hungary. In the case of delivery abroad, the product will be sent based on individual delivery fees.
3.4. If the Customer places an order for less than €50, i.e. 50 euros, or HUF 20,000, i.e. twenty thousand forints, the Service Provider applies a delivery fee of €15, i.e. fifteen euros, or HUF 5,000, i.e. five thousand forints, if a delivery address outside Hungary but within the European Union is used.
3.4. In the case of a delivery address outside the European Union, the Service Provider may withhold the delivery of the product until it is satisfied that the payment of the product price has been successfully and in full using the electronic payment solution. This includes the case where, in the case of a product paid for by bank transfer, the Buyer transfers the purchase price in the currency of his/her Member State and the Service Provider does not receive the full amount of the purchase price due to the exchange rate, bank commissions and costs. If the product price has not been paid in full, the Service Provider may call the Buyer to supplement the purchase price.
3.5. In order to deliver the product, the Service Provider also provides non-Hungarian customers with the same delivery options as Hungarian customers. If the Customer can request delivery of the product to Hungary or any other European Union member state according to these GTC, the non-Hungarian customer can also request this by any of the delivery methods specified in the GTC. Otherwise, the Customer may request that the product be delivered abroad at his own expense. In the case of a Hungarian delivery address, the Customer does not have this right.
3.6. Outside Hungary, the Service Provider will fulfill the order after the full purchase price and delivery fee have been paid. If the Buyer does not pay the delivery fee and the purchase price to the Service Provider, the Service Provider may terminate the contract and refund the prepaid purchase price to the Buyer.
3.7. The Buyer is obliged to carry out a quantitative and qualitative inspection upon receipt of the product. A report must be drawn up on site regarding the handover, in which it is recorded that the Buyer has inspected the product and its packaging and has not detected any external defects in either the product or the packaging. The Service Provider shall in all cases provide sufficient time for a detailed inspection of the product. If the Buyer detects a quantitative or qualitative defect upon receipt, the essence, method and time of the observation must be recorded in the report. The report must be signed by both parties.
3.8. Neither the Service Provider nor the manufacturer will accept any subsequent complaints about defects before the date of receipt without a report. The Buyer is liable for any damage that occurs to the condition of the product after the delivery. In case of any doubt or concern regarding the quality of the product, the Buyer must be informed. If this is not done, all risks and liabilities shall be borne by the Buyer.
3.9. The Service Provider is not liable for defects that could have been identified upon receipt or inspection of the product, but were not discovered due to a lack of inspection, or the defect was not reported immediately to the Service Provider or the manufacturer.
VI. WITHDRAWAL FROM THE INDIVIDUAL CONTRACT
1. The Buyer may withdraw from the contract at any time, or if the situation existing before the conclusion of the contract cannot be restored in nature, he may terminate it by a legal declaration addressed to the Service Provider. In this case, the Service Provider is entitled to the price of materials and equipment purchased, ordered or under production for the performance of the contract, and reimbursement of other costs incurred in connection with the provisions of the contract, as well as 20% of the purchase price as a penalty for failure.
2. The Service Provider is entitled to withdraw from the contract before the delivery of the product to the Customer, if the production or sale of the products ceases or due to technical reasons possibly affecting the stock data, or after the delivery, if the product is recalled from the market by the Service Provider due to a quality or manufacturing defect. The Service Provider is entitled to withdraw from the contract if the Customer does not take delivery of the ordered products on the day of delivery and the Consumer has not exercised his right of withdrawal. The Service Provider is also entitled to withdraw from the contract in the following cases:
– the product or raw material cannot be ordered from the supplier;
– the purchase price has not been paid by the payment deadline stated on the invoice;
– in case of force majeure;
– the Customer cannot be contacted at any of the contact details provided during the order.
3. If the Service Provider exercises its right of withdrawal, it is obliged to inform the Buyer immediately. In the event of withdrawal, the Service Provider is obliged to refund the purchase price paid as soon as possible.
VII. CONSUMER RIGHTS AND WARRANTY PROVISIONS
1. Right of withdrawal of the Buyer who is a Consumer
1.1. The Consumer has the right to withdraw from the Individual Contract without giving any reason before or after receiving the products, or in the case of purchasing multiple products or products consisting of multiple pieces, within 14 days after receiving the last product or piece. The Buyer also has the right to withdraw his offer to conclude a contract.
1.2. If the consumer decides to withdraw from the contract within the specified deadline, the Service Provider is obliged to refund the full amount paid to the Consumer, no later than within 14 days. The Service Provider shall refund the amount due in the same way as the payment method used by the Consumer. Based on the Consumer's express consent, the Service Provider may also use another payment method for the refund, but the Consumer may not be charged any additional costs as a result. If the Consumer only partially withdraws from the contract, the Service Provider shall refund the purchase price of the returned products and shall not charge a delivery fee if it is also to be charged for additional products not affected by the withdrawal. The Service Provider shall only make a refund after the Consumer has returned the products or, if the Consumer has proven beyond doubt that he has returned the product, after the return (whichever is earlier).
1.3. The Consumer exercises the right of withdrawal via e-mail, in which the following data must be provided:
- the name of the Consumer;
- the Consumer's address;
- the Individual Contract number;
- the date of conclusion of the Individual Contract or receipt of the product.
1.4. In the event of withdrawal, the Consumer is obliged to return the product to the Service Provider's registered office immediately, but no later than fourteen days after the notification of withdrawal. The return is deemed to have been completed within the deadline if the Consumer sends or hands over the product before the expiry of the 14-day deadline. In the event of exercising the right of withdrawal, the placing of the products at the Parcel Point by the Buyer (or the failure to receive the product placed at the Parcel Point) does not constitute the return of the product by the Service Provider or the unequivocal proof of the return to the Service Provider, and cannot be automatically used as proof of the return of the product by the Buyer. In the event of withdrawal, the Consumer bears the direct cost of returning the product in accordance with Section 24 (2) of Government Decree 45/2014. (II. 26.). The Consumer is only liable for any depreciation resulting from use exceeding that necessary to establish the nature, properties and functioning of the product. In such a case, the Service Provider reserves the right to unilaterally offset the claim for compensation resulting from the depreciation of the products against the Consumer's claim for reimbursement of the purchase price.
1.5. The Consumer is not entitled to terminate the Individual Contract without justification, or to withdraw from the Individual Contract without justification in the case of a non-prefabricated product that is produced by the Service Provider based on the Consumer's instructions or at his express request, or in the case of a product that is clearly tailored to the Consumer by the Service Provider in accordance with Government Decree 45/2014. (II. 26.) Section 2 c). The Service Provider will indicate the terms "Made on request" or "Customizable" on the data sheets of certain products published on the www.lungo.hu website, which excludes the right of withdrawal and termination without justification for the given products."
1.6 The Service Provider declares that if the reason for withdrawal is not a guarantee or warranty claim, the Buyer shall bear all costs incurred in connection with the return of the goods in the event of withdrawal. The Service Provider may demand compensation for damage resulting from the improper use of the goods.
2. Warranty, product warranty and guarantee
2.1. The Consumer may request repair or replacement under the warranty, unless the fulfillment of the claim chosen by the Consumer from these is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of his other claim. If the repair or replacement was not requested or could not be requested, the Consumer may request a proportionate reduction in the consideration or the defect may be repaired at the expense of the Service Provider or may be repaired by someone else or - as a last resort - may withdraw from the contract. The Consumer may also transfer his chosen warranty right to another, but the cost of the transfer shall be borne by the Consumer, unless this was justified or the Service Provider gave reason for it. The Consumer is obliged to notify the defect immediately after its discovery, but no later than within two months of the discovery of the defect. However, it should be noted that the Consumer may no longer enforce his warranty rights beyond the two-year limitation period from the performance of the Individual Contract. The Consumer may enforce his warranty claim against the Service Provider. Within six months from the performance, there is no other condition for enforcing his warranty claim than the notification of the defect, if the Consumer proves that the product or service was provided by the Service Provider. However, after six months from the performance, the Consumer is obliged to prove that the defect he has recognized already existed at the time of performance.
2.2. In the event of a defect in the product, as a movable item, the Consumer may – at his/her choice – enforce his/her right to a warranty or a product warranty claim. As a product warranty claim, the Consumer may only request the repair or replacement of the defective product. The product is defective if it does not meet the quality requirements in force at the time of its release or if it does not have the properties specified in the description given by the manufacturer. The Consumer may enforce his/her product warranty claim within two years from the date of release of the product by the manufacturer. After this deadline, he/she loses this right.
The Consumer may exercise his product warranty claim exclusively against the manufacturer or distributor of the movable property. In the event of a product warranty claim, the Consumer must prove the defect of the product.
The manufacturer (distributor) is only exempt from its product warranty obligation if it can prove that:
– the product was not manufactured or placed on the market as part of its business activities, or
– the defect was not detectable at the time of placing on the market, based on the state of science and technology, or
– the product defect results from the application of a law or mandatory official regulation.
The manufacturer (distributor) only needs to prove one reason to be exempted.
The Consumer may not assert a warranty claim and a product warranty claim simultaneously, in parallel, due to the same defect. However, in the event of a successful claim under the product warranty, the Consumer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
2.3. The Service Provider is subject to a mandatory warranty obligation (mandatory warranty) in relation to the products listed in the regulation pursuant to Government Decree 151/2003 (IX.22.). The Service Provider provides a warranty for products purchased under a consumer contract for the period specified in the value limits set out in Government Decree 151/2003 (IX.22.). The warranty period begins on the day of receipt or delivery of the product. The Consumer may assert his rights arising from the warranty by means of the warranty card.
VIII. OBLIGATION TO COOPERATE AND PROVIDE INFORMATION
1. The Contracting Parties shall cooperate in close and direct contact in order to fulfill the contract. To this end, they shall mutually and without delay inform each other of all facts, circumstances and information that hinder or endanger the performance of the contract, and shall take such measures as may be expected of them in the given situation to remedy them.
2. The Contracting Parties shall attempt to resolve their disputes prior to performance through direct negotiations, taking into account that the disputes and their resolution hinder performance in accordance with the contract to the least extent possible.
3. The Contracting Parties shall communicate with each other through their representatives and methods specified in the contract. The Contracting Parties shall primarily attempt to resolve any disputes through negotiation.
4. The Contracting Parties agree that if they cannot resolve any disputes between them through negotiation, they shall submit to the exclusive jurisdiction of the Central District Court of Buda for any legal proceedings related to the obligation or right arising from the contract.
IX. TRADE SECRET
1. The Contracting Parties acknowledge that all transferred data, information, technical solutions, financial data, data and statements of other contracting partners that come to their attention during the term of the contract in relation to the Buyer, the End User or the Service Provider are considered trade secrets.
2. The Contracting Parties undertake to preserve these business secrets, not to disclose them to third parties, and to prevent their access to third parties as reasonably possible.
X. COPYRIGHT
1. The www.lungo.hu website and its entire content are subject to copyright protection. The content, images, texts displayed on the websites, in whole or in part, may only be used, printed, reproduced, distributed, stored and transferred in any form with the prior written permission of the Service Provider.
2. All information, data, conditions, definitions, images, videos or descriptions appearing on the website are for informational purposes only and are used at the user's own risk. The Service Provider is not liable for any damages that may be related to the use of the website or arise from the inability to use the website, or from the improper operation of the website, or from errors, malfunctions, delays in information transmission, viruses or internet outages.
XI. OTHER PROVISIONS
1. If any provision or part of this contract is or becomes invalid or unenforceable, whether due to a significant change in law or circumstances, this shall not affect the remaining parts of the contract. In this case, the provisions that best match the economic purpose of the invalid or unenforceable provision shall apply by means of supplementary interpretation. If such an interpretation is impossible for legal reasons, the Parties irrevocably undertake to conclude a supplementary agreement in the spirit of this point. The rights acquired under this contract may only be transferred to a third party with the written consent of the Service Provider. The Customer and the Service Provider shall cooperate, and in this process the other party shall be informed in writing of all relevant circumstances without delay.
2. If the Customer was not satisfied with the Service Provider's product or service, he/she may primarily communicate this to the email address admin@lungo.hu . If he/she is not satisfied with the response to the complaint submitted regarding the product purchased online, the Customer may fill out the form on the website of the European Conciliation Body – http://ec.europa.eu/odr/ . The basic purpose and function of the procedure of the conciliation body is to attempt to settle the dispute between the consumer and the economic organization based on an agreement, and if this is not possible, to decide the case in order to enforce consumer rights quickly, efficiently and simply.
3. The domestic conciliation body is a dispute resolution forum that is free of charge and accessible throughout the country, an independent body operating under the county (capital city) chamber of commerce and industry. Its jurisdiction includes the out-of-court settlement of disputes between consumers and businesses related to the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties: for this purpose, attempting to reach an agreement, and if this is unsuccessful, making a decision in the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. The competent conciliation body according to the registered office of the Service Provider is the Pest County Conciliation Board (Registered at: 1055 Budapest, Balassi Bálint u. 25. IV-emelet 2,)
