If you wish to become a customer or user of our webstore, please read thoroughly the present General Terms and Conditions (hereinafter referred to as „GTC”) and use our services exclusively if you agree to each point of it and accept it as binding you.
General Terms and Conditions of ACCELL Hunland Kft
- General Provisions
The electronic department store available at the www.bad-bike.hu website (hereinafter referred to as: webstore) is maintained and operated by ACCELL Hunland Kerékpárgyártó és Értékesítő Korlátolt Felelősségű Társaság (company register number: Cg.16-09-006497; registered seat: 5091 Tószeg, Parkoló tér 1.; tax number: 12679472-2-1) (hereinafter referred to as: ACCELL Hunland Kft.). The ACCELL Hunland Kft sells bicycles, and bicycle parts and accessories (hereinafter referred to as: products).
The effect of present GTC covers all the electronic commercial services (offers, orders, services) that are implemented through the webstore. The purpose of present GTC is to define the general rules concerning the sending orders to the webstore, signing contracts and performing the orders. The effect of present terms and conditions does not cover contracts concluded by ACCELL Hunland Kft, if parties expressly stipulate it otherwise.
All those persons are entitled to use the services of the webstore, who accept the contents of present GTC as being binding them by effectively and successfully registering or by submitting an order at the website. It is not necessary to register for browsing in the webstore, for viewing the texts and products presented there.
ACCELL Hunland Kft is entitled to modify present GTC unilaterally, without reporting it in advance. ACCELL Hunland Kft will notify the logging in persons automatically on the occasion of logging in about the unilateral modifications made, and the logging in persons may enter the customer interface of the webstore exclusively if they accept the modifications. If the logging in persons do not accept the modifications, they may delete their registration straight away.
As regards the contract concluded on the basis of present GTC:
– the contract established on the basis of the GTC will be concluded only in electronic format, therefore it is not qualified as a written concluded contract and it is not filed as such;
– it will be recorded by ACCELL Hunland Kft, and
– the contract will not be accessible after its establishment.
The provisions of the prevailing Hungarian laws will have to be applied with special regard to Act V of year 2013 on the Civil Code (hereinafter referred to as: Civil Code) and the provisions of Act CVIII of year 2001 on electronic commercial services and the specific issues of information society related services in respect of issues that are not regulated in present GTC. The mandatory provisions of the relevant legal provisions have to be applied as regards the parties without being separately stipulated. The expressions and legal institutions included in present GTC have to be interpreted according to the rules of the Hungarian language, in line with the generally accepted everyday meaning of the words and according to the Hungarian law.
The fees of network access and other telecommunication services used for purchasing from our webstore have to be borne by the customer.
Exclusively the user is liable for keeping the user access data (thus especially the password) in secret. If user learns that an unauthorised third person could have access to his password given in the course of registration, he has to change his password without delay, and if it may be assumed that the third person misuses the password in any manner, he has to notify Accell Hunland Kft simultaneously with this notification. User undertakes to modify the personal data provided in the course of registration as needed in order to keep them up-to-date, timely, complete and true.
Data of ACCELL Hunland Kft:
Company name: ACCELL Hunland Kerékpárgyártó és Értékesítő Korlátolt Felelősségű Társaság
Registered seat: 5091 Tószeg, Parkoló tér 1.
Tax number: 12679472-2-1
Company register number: 16-09-006497
Language of the contract: Hungarian
Electronic accessibility: firstname.lastname@example.org
Language of the GTC: Hungarian
Storage service provider: NTCOM Kft.
Registered seat: 8053 Bodajk, Rigós utca 64.
Tax number: 13279501-2-07
Phone client service (on weekdays): ——
Electronic client service: email@example.com
- Purchasable products and services
You may purchase all the products presented in our webstore. It is possible to purchase goods in the webstore with orders submitted electronically in the manner it is defined in the GTC.
The gross prices indicated as regards the products include the VAT stipulated by law.
We are not able to provide additional discounts from the prices of the products on action.
The prices do not contain fee of home transport. The related tariff is included in Point 5 of the GTC. A separate packing cost may be charged.
- Information on ordering
- Registration and logging in, purchasing without registration
It is possible to purchase in the webstore without prior registration as well. It is recommended to fill in the registration data sheet (to register) and to change the password before purchasing. It is mandatory to provide certain personal data for registration. It is possible to check the correctness of the personal data given, to correct them, to delete them prior to approving them.
Giving the identifier and the password means that the natural person registered acts in the course of the purchase personally or as the representative of a company (organisation) that has a legal personality or which does not have a legal personality, in the name of the organisation.
You will be able to login after registration with the aid of your personal identifier and password at any time.
It is possible to register through the interface of the webstore by clicking on the “Registration” button available on the website. Customers have to give the following data during registration in the rolling down window:
- full name;
- electronic accessibility;
- delivery address;
- invoicing address.
The system will send a confirmation within a couple of minutes concerning registration to the email address that is given by the customer. Customer may authenticate his registration by clicking on the link that is included in the registration related email he receives. The customer has to give in the course of authenticating the registration the password he intends to use later on. We will also send a confirmation on the password of the user to the email address that is given by the user.
The data given by the customer during the registration may be modified at any time after you enter the webstore.
In the case of a forgotten password upon clicking on the “Password Recall” button that may be selected in the course of logging in, the password that belongs to the customer’s webstore account will be sent to the email address that is given by the customer. If customer wishes to modify his password, he may do so at any time.
It is possible to use the webstore even without registration. During purchasing without prior registration, the webstore automatically allocates the email of the user to the data that are given on the occasion of the first order. In this case it is not possible to track the order. The webstore will send automatic notices to the given email address on the status of the order.
Customer may accept the prevailing GTC and the data protection information provided, as binding for it, by marking the check box on the occasion of entering the customer interface of the webstore, prior to ordering.
3.2 The ordering process
- Place the product you wish to purchase into the basket
- If you wish to place additional products into the basket, select the “Continue Purchase” button. If you do not wish to purchase any additional product, please verify the number of products you wish to purchase.
By clicking on the “cancel” icon you may delete the contents of the basket. After modifying the quantity, the contents of the basket will be updated, when you click on the “Update Basket” button.
- Giving the Delivery / Invoicing and/or the login data.
- Selection of the mode of delivery/payment.
- You may send your order after giving the data, by clicking on the “Post Order ” button, however, before this you may once more check them, and you may also send a comment together with your order.
- You will receive a confirmation in email after sending the order.
The data entered may be corrected before submitting the order. This may be done with the data approval function. If the data are not approved, all the data that are indicated in the given window may be deleted or corrected. The data of the given order sent may be modified after submission prior to delivery either in writing or through phone. The data may be modified when preparing a new order.
Customer is responsible for checking the accuracy of the data, since the product will be invoiced and delivered on the basis of the given data. Registration has to be done once, on the occasion of the subsequent purchases it is already not needed to do this step.
3.3 Processing the orders
ACCELL Hunland Kft shall confirm to the customer electronically without delay the receipt of the order of the customer. If this confirmation does not arrive to customer within 48 hours after the submission of the customer’s order, customer will be exempted from being bound by its offer and/or from under its contractual obligation.
The orders are processed on working days. It is possible to submit orders even outside the periods that are indicated as the period of order processing. If the order is submitted after the expiry of the working time, it will be processed during the subsequent 2 days.
Standard performance deadline: 10 working days after email confirmation within the territory of Hungary, and within 15 working days after email confirmation to the other territories of the EU.
If the product to be purchased is on stock, this time may be shorter (typically 48 hours within the territory of Hungary, and 5 working days to other territories of the EU). If the product is not on stock delivery may require more time, however, the product will be delivered at the latest on the last day of the deadline that is defined in the previous paragraph.
ACCELL Hunland Kft reserves itself the right to partially or fully refuse the orders that had been already confirmed. Partial performance may be done exclusively after agreement with the customer. If the purchase price of the product was settled in advance, the amount will be transferred back to the party that paid it, within 5 working days. ACCELL Hunland Kft will not pay interest for the amount that is transferred back. Customer by accepting the GTC expressly gives its consent for ACCELL Hunland Kft not to refund the costs of transfers that occur on the side of customer in connection with transfers done in this cycle.
The characteristics of the goods are included in detail on the information page of the product. The images presented are only illustrations. ACCELL Hunland Kft reserves itself the right to modify the specification of the product without any preliminary notice. Therefore, certain parameters of the product may deviate from the above given data.
Service provider does not undertake any liability for damages that may arise due to possible mistyping. Moreover, ACCELL Hunland Kft reserves itself the right to change the optional product offer – without any preliminary notice – and to restrict the accessibility of the specific products, and to modify the starting and ending times of the actions announced.
The contract will be established between the parties with the delivery of the confirmation that is sent by the operator in email.
Attention! Customer has to acknowledge that ordering the product is an operation that involves a payment obligation according to Section 15 (2) of Government Decree 45/2014 (II.26.) on the detailed rules on contracts concluded between consumers and enterprises.
- Method of paying the price of the product and of home delivery
ACCELL Hunland Kft reserves itself the right to change the prices of the products that may be ordered with the condition that the modification will come into effect simultaneously with its appearance on the website of the webstore. The modification may not influence unfavourably the price of a product that had been already ordered. If in spite of all the care exercised by ACCELL Hunland Kft an incorrect price will be presented on the interface of the webstore – with special regard to the obviously wrong price, e.g. a price of 0 HUF or 1 HUF appears due to a possible system defect, which price deviates significantly form the generally known, accepted or estimated price of the product – ACCELL Hunland Kft is not obliged to deliver the product for the wrong price, however, it may offer delivery at the correct price, in the knowledge of which customer may cancel its purchasing intent.
It is possible to pay in the webstore with bank card, by transferring in advance, by cash on delivery and by cash/onsite payment.
Methods of payment:
- Bank card: Customer may pay the price of the product electronically, with the aid of a bank card, simultaneously with submitting the order. ACCELL Hunland Kft guarantees that the debiting of the bank card of the customer will be done only after customer will confirm its payment intention at the webstore. The acceptable bank card types are the following: VISA, MASTERCARD.
- Transfer in advance: Customer may select on the occasion of submitting the order the “transfer in advance” method of payment. In this case customer may transfer the total amount indicated in the confirmation email containing the information needed in connection with the order received at its email address to the bank account of ACCELL Hunland Kft with the deadline given. The product(s) will be handed over to the courier service after the transferred amount is credited to the account of ACCELL Hunland Kft.
If customer selects performance by bank transfer, it acknowledges that the additional costs involved in the transfer will be at its own expense.
If transfer is not performed, the order will be deleted after the expiry of the deadline.
- Cash on delivery: If customer requests this, it may pay the price of the products ordered to the colleague of the courier service in cash, simultaneously with receiving the products.
The final amount payable includes all the costs. Customer is responsible for checking externally in the presence of the courier the package that contains the product at the time when it is delivered and in case there is any outside damage customer has to have a report registered in the presence of the courier, and in this case customer is entitled to refuse the acceptance of the package. ACCELL Hunland Kft will not accept complaints subsequently, without a report
The invoice and the letter of guarantee is included in the package.
- Information on home delivery and personal acceptance
ACCELL Hunland Kft performs the orders submitted to the webstore with the involvement of a courier service. The delivery of the packages is done on working days. The courier service will try delivery twice. ACCELL Hunland Kft will charge the transportation cost of non-accepted packages to the customer.
Customer will get the bicycles purchased in the webstore in an assembled status. We deliver the bicycles in the following form: the steering bar is turned sideways and the pedals are removed. In the case of electric bicycles, the control meter is delivered separately, without being installed on the bicycle.
ACCELL Hunland Kft is not liable in any way for transport delays or other problems, mistakes that may be traced back to data that had been given by mistake and/or inaccurately.
The price of home delivery is different by delivery regions. If customer does not accept the transport fee, it may interrupt the order process or it may migrate to another method of acceptance.
The products may be picked up personally as well in our partner shop given at the time of submitting the order. For picking up the product personally it is also necessary to have an order submitted online to our webstore. As regards products picked up personally, we charge a transport fee. This fee will be calculated in the course of the order process, before the finalisation of the order. If the fee is not accepted, the order process may be interrupted, and it is possible to cancel the order without any consequences.
- Guarantee and warranty
ACCELL Hunland Kft undertakes for the goods sold in the webstore a warranty period that corresponds to the effective law (for 12 or 24 months after the selling of the product). In the case of finished bicycles warranty undertaken by ACCELL Hunland Kft for the breaking of the frame is 10 years, for PEDELEC bicycles 2 years and for traditional bicycles 1 year. If the product purchased becomes defective, it is possible to ask more detailed information on what has to be done at the address and phone number given in the letter of guarantee that is attached to the bicycle.
The warranty does not cover those faults, deficiencies of the bicycle that are created after its acceptance – especially, but not exclusively, as a result of its improper storage or misuse.
In the case of a justified claim enforced properly ACCELL Hunland Kft – according to its arbitrary decision, with taking into consideration the interests of the buyer – will ensure repair or replacement or it will reduce the price, or in the case of cancellation it will take back the product with refunding the purchase price.
ACCELL HUNLAND Kft will refund to customer its direct damage arising from defective performance, except if it will present an appropriate excuse for defective performance. In the case of defective performance, the refunding for the damages taking place in the product may be claimed by customer, if it is not possible to repair it or replace it, or if ACCELL HUNLAND Kft has not undertaken the repair or replacement, or it is not able to meet this obligation, or if the interest of customer terminated in having it repaired or replaced. This compensation claim option will lapse with the deadline that is defined for the enforcement of the product warranty rights. ACCELL Hunland Kft excludes its liability for consequential and attached damages.
A defective product may be returned together with the warranty slip (guarantee slip), or with the invoice that certifies the purchasing of the product and which is suitable for unambiguously identifying the product in the case of a product where warranty slip was not issued, because the relevant rules of the Civil Code do not demand the issuance of the warranty slip separately (that is the consumer price of the product does not exceed HUF 10,000)).
If the product has an own brand service, the guarantee conditions that are indicated on the separate guarantee slip attached to the product, provided by the given importer are to be applied. The address where the guarantee will be taken care of is the address that is indicated on the guarantee slip.
We will return the repaired or replaced defective product to the address of customer without charging the transportation cost, or customer may pick it up at the address and in the manner that corresponds to our preliminary agreement.
If the product will prove to be faultless after having been tested, or if the defect was not caused by proper use, and therefore repair cannot be done in the framework of the guarantee, the cost of repair and of return transport will have to be borne by customer.
ACCELL HUNLAND Kft is entitled to offer a replacement product that meets the original properties of the defective product as regards its function and value, instead of repairing the defective product. If customer accepts this replacement, ACCELL HUNLAND Kft will not accept later on any replacement claim that is due to the possible colour, material or other properties of the product provided as replacement until the product may be used in line with its designed function.
Customer acknowledges that the warranty deadline of the product will not be modified in the case of products replaced by ACCELL HUNLAND Kft in the framework of warranty that is beyond the deadline stipulated by the law. The warranty period of the original or replacement parts or replacement products that belong under the effect of voluntary warranty is the period that is still left from the original warranty, or sixty (60) days after the repair or replacement, or the period that is longer from among these two periods.
If during the testing of the product any of the below listed problems are found, the claim for extended voluntary warranty cannot be enforced:
- Improper use, conversion, faulty or unprofessional handling, improper storage, unprofessional integration, natural disaster or any other fault that is not the consequence of manufacturing.
- Fracture that occurred as a consequence of unprofessional handling, overloading.
- Neglect in regularly charging the batteries and the non-observance of the related stipulations of the user instructions.
- Overcharging of the batteries.
- The maximum number of charging cycles of the batteries is reached or exceeded,
- In the case of intervention or modification done on the product by a bicycle service or by any individual that operates without a licence.
- In the case of the wear of wearing/rotating parts that is due to proper use.
The defective bicycles may be sent only to the service points that are marked on the website by ACCELL Hunland Kft. The costs of forwarding the products to the guarantee service point have to be covered by customer. ACCELL Hunland Kft has to replace the product purchased, if they are provenly defective. As regards the warranty and guarantee liabilities of ACCELL Hunland Kft, the contents of Section XXIV of the Civil Code have to be applied.
The other specific guarantee and product warranty rules are included in the guarantee letter that is attached to the product.
The cancellation right defined in Sections 20-28 of Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded by and between consumers and contractors is due to the customer.
Customer may exercise its cancellation right within 14 days after the acceptance of the product. If customer wishes to exercise its cancellation right, it has to forward its unambiguous statement containing its cancellation right either in a registered mail sent to 5091 Tószeg, Parkoló tér 1, the postal address of the Client Service of ACCELL Hunland Kft, or in a letter sent electronically to the email address of megrendelés@bad-bike.hu.
Customer will exercise its cancellation right within due time if it will send its cancellation statement prior to the deadline indicated above.
ACCELL Hunland Kft will refund the price paid by customer without delay, but at the latest within 15 days after the receipt of the cancellation statement if customer cancels the contract.
Those additional costs will not be refunded that were due to customer having selected a mode of transport that was other than the offered cheapest standard one. ACCELL Hunland Kft in the course of refunding will apply the same method of payment that was used in the case of the original deal, except, if customer gives its express consent to using another mode of payment. Customer does not have to bear any additional cost due to the mode of refunding used. ACCELL Hunland Kft does not have to pay the amount of refunding until it has not received the product or customer did not certify in a credible manner that it has returned it. From these two times the earlier one has to be taken into consideration.
In view of the above, customer has to send back or hand back the product to ACCELL Hunland Kft without any unjustified delay, but at the latest within 14 days after the communication of its cancellation statement. The deadline is considered as having been observed if customer takes the step needed for returning the product prior to the expiry of the 14 days deadline. If several products are ordered, Customer may exercise its cancellation right within 14 days after the delivery of the last product in case the deliveries of the specific products are done at different times. If a product is delivered in several pieces or items, Customer may exercise its cancellation right within 14 days after the delivery of the last item or piece.
The direct cost of returning the product has to be borne by customer. ACCELL Hunland Kft has to take back exclusively goods that are free of damages and each property of which is identical with the new, unused product (e.g.: if there are traces of damages on the product or aesthetically it is not the same as the new product, ACCELL Hunland Kft may refuse taking it back).
- Complaint Management
ACCELL Hunland Kft is ready to electronically receive the complaints submitted by the customers. Customer may turn with its complaints, questions that are connected to the products sold or the activity of the webstore to the following access address:
ACCELL Hunland Kft will answer the customer complaints and questions sent to this email address by customer in the form of letters. ACCELL Hunland Kft will investigate and answer the customer complaints and questions within 3 working days after receiving them, but at the latest by the deadline that is defined by the legal provisions that refer to their management.
ACCELL Hunland Kft excludes all its liability in respect of behaviours that are exercised by the customers of the webstore. Exclusively the customer is liable for the consequences that will arise from unlawful customer behaviour.
If customer behaves unlawfully, ACCELL Hunland Kft will provide all the assistance needed to the authority acting in the given case for exploring the unlawful act and for being able to implement the related legal consequences.
- Data Management
ACCELL Hunland Kft has a separate data protection statement, a data management information document, which is accessible on the website.
Customer by accepting the GTC declares that it got acquainted with the data protection information together with the rules that are included in the GTC and the agreement, and the customer’s agreement, consent provided serves as the basis of managing its personal data.
ACCELL Hunland Kft – according to the effective accounting legal provisions – has to retain the invoicing address provided by customer and the data of the invoices for the period that is defined in the regulation, that is, for five years.
The entire content presented on the website or a part of it may be used in any manner – printed, reproduced, published, distributed, stored, transferred or used in any other manner for a purpose that serves the public or for a commercial purpose – involving a purpose and up to an extent that are other than personal use, exclusively on the basis of the prior written permit issued by ACCELL Hunland Kft.
All the logos, trademarks and graphical elements of the brands sold by ACCELL Hunland Kft are protected, their ownership right is managed by the manufacturers or the owners of the brands. ACCELL Hunland Kft will permit only in the possession of a separate written permit the copying, mirroring and using in any other form for any purpose of the graphical elements, trademarks and logos of its own brands and of the brands it sells. Even in the possession of the written permit concerning use it is not allowed to modify the logos, trademarks and the graphical elements, including the changing of the colours and sizes, inverting, etc.
ACCELL Hunland Kft has a separate copyright statement, which is accessible on the website.
- Miscellaneous Provisions
ACCELL Hunland Kft strives to sustain the continuity of its service in a faultless manner, however, it does not undertake any liability for the faultlessness of the functionality of the webstore and of the services provided by it.
The webstore and its contents may change at any time without any preliminary notice. ACCELL Hunland Kft does its best for ensuring the virus-free and malicious program free condition of the materials placed into the webstore, however, it does not undertake any liability for assumed or real damages, for possible computer failures that have to be endured by customer during using the website due to using or the unusability of the webstore. Customer uses the webstore under its own liability. ACCELL Hunland Kft does not undertake any liability for the content not being accessible in the system of customer due to compatibility or other faults. ACCELL Hunland Kft does not undertake any liability for assumed or real damages, delays that have to be endured by customer arising as a consequence of this.
- Closing Provisions
Parties will try to settle any legal dispute arising between ACCELL Hunland Kft and the customer. If the conciliation procedure is not closed with a result that meets the will and interest of each of the parties, parties will accept for deciding the legal disputes arising from this legal relationship the exclusive jurisdiction of the Hungarian ordinary court corresponding to the registered seat of ACCELL Hunland Kft, depending on the value limit.
All specific contracts and the present contract belongs under the effect of Hungarian law. If any of the provisions of the present GTC would become invalid or ineffective, this will not involve the validity of the rest of the provisions. The conditions that are ineffective or which are unperformable have to be replaced with such effective and implementable provisions, which are the nearest to the original ineffective or non-performable conditions from legal and/or economic aspect.
Customer by submitting an order declares that it accepts the present general terms and conditions and acknowledges that it is binding for it.
Tószeg, September 26, 2017