These General Terms and Conditions (hereinafter: GTC) stipulate the rights and obligations of the Service Provider and the Customer in connection with browsing and shopping in the online store available on the www.most-tea.hu website (hereinafter: Website). The customer can find all information about the Service Provider in the “Contact” section (section 11) and section 1. These General Terms and Conditions regulate the terms and conditions of the use of the Website by the customer in the online store available on the Website as well as the user entering the Website (hereinafter: Customer) the rights and obligations of the Customer and the Service Provider related to the use of the Website. This contract will not be filed it will only be concluded in electronic form it is not considered a written contract so it cannot be accessed or viewed afterwards.
In the event of questions regarding the operation of the Website the order and delivery process the Service Provider is available to Customers at the contact details provided in these Terms and Conditions (Contact point).
The service provider is not subject to the provisions of the code of conduct. Language of the contract: Hungarian.
The customer may not distribute the ordered products further without the consent of the Service Provider.
By using the Website the Customer accepts the provisions of these General Terms and Conditions. The scope of these Terms and Conditions covers the legal relationships on the Service Provider’s website (www.most-tea.hu and its subdomains). This contract is created for an indefinite period.
1. Service provider data
Company name: ASILOMAR Trading and Service Limited Liability Company
Headquarters: 1036 Budapest, Bécsi út 85. 5th floor
Phone: 06 30 754 86 36
E-mail: asilomarkft@gmail.com
Account manager bank: Erste Bank
Account number: 11600006-00000000-53834544
Company registration number: 01 09 178543
Tax number: HU 23925502
2. Basic provisions
2.1. Questions not regulated in these Terms and Conditions as well as the interpretation of these Terms and Conditions are governed by Hungarian law with particular regard to the 2013 Civil Code. to the relevant provisions of Act V of. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
2.2. The Service Provider is entitled to unilaterally amend the General Terms and Conditions. The modified GTC shall be applied to orders placed after its publication on the Website. By using the Website customers accept that all regulations related to the use of the Website in these GTC and available elsewhere on the Website automatically apply to them.
2.3. If the Customer enters the Website operated by the Service Provider or makes a purchase on the Website with or without prior registration the Customer acknowledges that the provisions of the General Terms and Conditions are binding on him/her.
2.4. The Service Provider reserves all rights regarding the Website any part of it and the contents appearing on it as well as the distribution of the Website. It is prohibited to download store process and sell the contents of the Website or any of their details without the written consent of the Service Provider. However Buyers are entitled to directly download print and save these Terms and Conditions which is provided directly to Buyers based on these Terms and Conditions.
3. Range of products available for purchase
3.1. All prices for products including promotional prices are valid until withdrawn or until stock is exhausted. If a Customer has already ordered the product the price remains valid for that Customer. The displayed prices include the statutory VAT and other public charges but do not include the fee for home delivery and possible cash on delivery. No separate packaging costs will be charged.
3.2. On the Website the Service Provider displays the name and description of the product in detail and displays photos of the products. The images displayed on the product data sheet may differ from reality in some cases they are shown as illustrations.
3.3. If a promotional price is introduced the Service Provider will fully inform Customers about the duration of the promotion.
3.4. The service provider only serves end users in the online store. The website does not deal with wholesale activities.
4. Purchase process on the website
4.1. Registration and login:
4.1.1. Registration:
Browsing and shopping on the Website is possible after registration on the Website and without registration prior registration is not required for browsing and shopping on the Website. The Customer also has the option to order the selected product at the Service Provider’s customer service contact details set out in point 11 of these GTC either by e-mail or by phone regardless of whether the Customer is registered on the website.
If the Customer wishes to register on the Website this can be done simply and quickly by clicking on the account icon in the upper right corner of the pages. After that the “Login/Create Account” inscriptions will appear in the middle of the screen. After clicking the “Create account” button a registration form will appear in which you must provide the following data to the Service Provider:
- E-mail address;
- Password
- You must then accept the data management information by clicking on the checkbox
After entering these data a user account will be created about which we will send a notification to the specified email address.
On the page that appears after registration the Buyer can not only manage (change) the account data and the delivery and billing address but also view his previous orders by clicking on the “Orders” button and by clicking on the “Checkout” button and then log out of the Website after confirming the checkout.
After registration the Buyer is automatically logged in to the Website and can start shopping.
4.1.2. Login:
If the Customer has previously registered on the Website he can log in to the Website by clicking on the “login” icon in the upper right corner of the Website and then the “Login” button that appears after that by entering the e-mail address and password provided during registration. If the Customer wishes to log out of the Website he can do so by clicking on the text “My Customer Account” in the upper right corner of the page and “Log Out”. The customer can cancel his registration by sending an electronic message to the e-mail address asilomarkft@gmail.com. After receiving the message the Service Provider will delete the registration. By canceling the registration the Customer’s data will also be deleted from the system; however the Service Provider retains the data and documents related to purchases prior to this.
4.2. Order:
By clicking on the given product the Customer can find out how many and which product versions the given product has (e.g. the same product is available in several packages) on the page that provides more detailed information about the given product. In addition to each product version the quantity to be ordered can be selected and by clicking on the button labeled “add to cart” the Customer can place the product of the given version and specified quantity in the virtual shopping cart. There are products on the Website of which only one version is available in which case only this one product appears among the product versions. The quantity of such a product is selected and placed in the basket as described above.
The contents of the basket (the number of selected products and the gross amount of the order) are displayed in the upper right corner of the homepage next to the “Basket” icon. If the Customer clicks on the “Basket” icon a photo of the ordered product/products the ordered quantity the number of pieces and the subtotal of the products will appear in a drop-down window. At the bottom of the window is the “Basket” button which you can click on to display the Cart interface.
On the basket interface the Buyer can view and check the list of products placed in the basket their gross price the selected quantity and the total gross amount of the consideration for the ordered goods at the bottom of the summary table.
On this interface the Customer can also modify the contents of his basket: he has the option to delete a product from his basket by clicking on the “remove” text and he also has the option to change the quantity of the given product to be ordered by clicking on the + and – buttons.
On the Cart interface the Buyer also has the option if he has a discount or gift coupon to enter its code in the field marked for this and to use the discount by clicking on the text “OK”.
By ticking the checkbox in front of the text Delivery “Standard price” on the Cart interface the Customer can ensure the delivery of the product in exchange for the consideration in the row corresponding to the checkbox. If the Buyer uses this option the gross price appearing at the bottom of the product list includes this cost as well.
By clicking the Back to shopping button the Buyer can continue browsing the products and expand and modify the contents of the Basket. In this case the Website will direct the Customer back to the page visited immediately before entering the Basket interface.
By clicking on the “Proceed to checkout” button on the Cart interface the Buyer can continue the order if the Buyer is logged in and purchases after prior registration – the Website navigates to the page for specifying the delivery and payment method where the Buyer must select the delivery and payment method mode. However if the Buyer has browsed and started the purchase up to this point without prior registration or logging in on the next page (before entering the payment and delivery terms) the Buyer has the option to log in with the “I already bought from here Are you a returning customer? Click here to log in” by entering your email address and password. However if the Buyer does not log in he can continue the purchase process without registering and/or logging in by selecting the delivery and payment method as described above.
The payment method can be specified in the “Order content” column on the right. Payment on the Website can be made by cash on delivery or bank card. The payment method can be selected by ticking the check box in front of it.
On this page click the “Back to cart” button to return to the previous Cart page. In the same window you can check the gross price of the ordered products and the shipping fee according to the selected shipping method as well as the total amount to be paid by the Buyer (gross consideration + shipping fee).
On the page for specifying the delivery address the Buyer’s personal data must be entered in the left column (for registered users the data entered during registration will be automatically displayed after logging in). By ticking the box in front of the text “Request the package to another address” the Buyer has the option to enter another delivery address. If you want to request an invoice in the name of a company you have the option to enter the billing company name the company’s headquarters and its tax number.
On the same page more precise information can be added to the order for the website operator or the supplier. Before clicking the “Send order” button the Buyer must declare that he has read and accepts these General Terms and Conditions by checking the text box in front of the text “I have read and accept the General Terms and Conditions”. By ticking the same text box the Buyer also acknowledges that by pressing the “Send order” button his order will be sent to the Service Provider it will be final and the purchase will result in a payment obligation for him.
On this page in the right-hand column you can find the order details the order number the date of the order the total amount to be paid by the customer (gross price of the product + shipping costs) and the method of payment. Order details can be found at the bottom of the page.
4.3. Order confirmation
After sending the order the Customer will receive a confirmation email with the details of the order. The confirmation e-mail is regarded as the Service Provider’s declaration of acceptance thus creating a contract between the Service Provider and the Customer. If this confirmation is not received by the Buyer within the expected time frame depending on the nature of the service but no later than 48 hours after sending the Buyer’s order the Buyer will be released from the binding offer or contractual obligation. The order and its confirmation shall be considered received by the Service Provider or the Customer when it becomes available to him. The Service Provider excludes its liability arising from the violation of the confirmation obligation if the confirmation is not received on time because the Customer entered the wrong e-mail address during registration cannot receive messages due to the storage space belonging to his account being full internet server other technical in the event of an error or for any other reason that can be traced back to the Buyer’s carelessness.
As an attachment to the confirmation e-mail the Service Provider sends the Customer the order form associated with the order which summarizes the order data: the order number and date the name and contact information of the customer the method of delivery and payment as well as the name and quantity of the ordered product gross consideration costs and the total amount to be paid.
The Service Provider will notify the Customer by e-mail about the status and data of the order so that he can track the order. The Customer can view his/her previous orders by clicking on “My Customer Account” in the upper right corner of the Website and clicking on the “My Orders” button.
4.4. Correction of data entry errors:
At any stage of browsing and shopping on the Website until the order is finally sent to the Service Provider the Customer has the opportunity to correct data entry errors on the Website at any time for example by clicking the “Personal data” button in the customer account and clicking the “Save Changes” button after making changes or also during the ordering process (e.g. changing the quantity of the product placed in the basket on the basket surface by clicking on the + and – signs or deleting the product from the basket by clicking on the “remove” inscription and the Buyer clicking on the “Back to the previous page” button to complete the purchase during the process you can return to an earlier step of the purchase and change the data there according to the previous ones).
4.5. Processing orders and fulfilling the contract
The service provider will process orders received by 11:00 a.m. the same day if it is a working day but no later than the next day.
On the data sheet of each product the Service Provider indicates the expected delivery/delivery time of the given product which is usually 4 working days. Although 100% of the products that can be ordered are in stock it may happen that this time is exceeded by the Service Provider. In this case the Service Provider will immediately contact the Customer and discuss further steps with him.
If the Service Provider does not fulfill its obligations in the General Terms and Conditions because the ordered product is not available it is obliged to inform the Customer immediately and to refund the amount paid by the Customer immediately but no later than within thirty days or to offer an exchange option or a discount. Fulfilling this obligation does not exempt the Service Provider from other consequences of breach of contract. If the Service Provider performed with a substitute product the costs incurred in connection with the return of the product due to the exercise of the right of withdrawal according to these GTC shall be borne by the Service Provider. In this case the Buyer is obliged to return the product by courier or by post to the address of the Service Provider’s customer service specified in point 11 of these GTC in such a way that the cost of the courier and the post does not need to be paid in advance but will be paid by the Service Provider upon receipt. In case of questions the Service Provider is available to the Buyers at the customer service specified in point 11. The Service Provider is obliged to clearly and precisely inform the Customer about the bearing of the costs and the performance with a suitable substitute product.
As soon as the package has been delivered the Service Provider informs the Customer by e-mail if the Customer wants to know the number of the package the Service Provider will also send it to him. The delivery will take place on the working day following this notification so the Buyer will usually receive the ordered goods within 4 working days of the order.
4.6. The price of the Products terms of payment:
The purchase price of the products displayed on the Website is the gross price including VAT and other public charges.
The gross purchase price indicated next to the products does not include the cost of delivery but packaging costs are not charged.
The price of the products is determined in Hungarian forints (HUF).
The total amount to be paid by the Buyer includes all costs based on the summary of the order (step 4 in the purchase process) and the order form sent as an attachment to the confirmation e-mail including the delivery fee and the amount of any insurance. If the Customer used a discount during the purchase process the order form attached to the confirmation message also contains the amount of the discount.
The Buyer can choose between the following payment methods:
- Payment by cash on delivery – When the courier receives the package you must pay the total amount of the order after the ordered products in cash or by bank card.
- Payment by bank card: The value of the order can be paid immediately during the purchase process by bank card with VISA VISA Electron Master Card and Maestro cards. If you choose to pay by bank card click on the “Payment with Barion” button on the “Order summary” page that appears after the final submission of the order in the purchase process and the page will take you to Barion’s bank card payment page. “Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt. which provides the service is an institution under the supervision of the Magyar Nemzeti Bank license number: H-EN-I-1064/2013.” On this page you can enter your bank card details and make the payment. Our website (www.most-tea.hu) does not request or store bank card information. These data are managed by the bank card acceptance site (Barion).
Use of discounts and coupons
The Service Provider provides different discounts for the Buyers. There are different conditions for using each discount. The description of the conditions of use can be found directly in the information section of the discount coupon or on the website under the “Specials” menu item. If the interpretation of the terms of use causes difficulties the Service Provider provides assistance in their interpretation at the contact details set out in these General Terms and Conditions. Use of discounts and coupons: Each discount or coupon can only be used once unless the text on the coupon specifically states otherwise. In the event that the Customer wishes to use the same coupon more than once despite the fact that the coupon only entitles it to one-time use the Service Provider has the right to refuse to apply the discount. If the value of the gift coupon is greater than that of the order the difference cannot be transferred to the next order and its refund cannot be demanded. In the event that the use of the coupon conflicts with the Service Provider’s business conditions the Service Provider has the right to refuse the use of the coupon. In this case the Service Provider informs the Customer and provides the opportunity to purchase without using the discount or promotion.
5. Right of withdrawal and termination
The provisions of this point apply only to natural persons acting outside the scope of their profession independent occupation or business who buy order receive use use goods as well as the recipient of commercial communications and offers related to the goods (hereinafter referred to as “Consumer”).
5.1. The customer has the right to withdraw from this contract within 30 days without giving any reason. Similarly in the case of a contract for the provision of services the Customer is entitled to terminate the contract without giving any reason within 30 days if the performance of the contract has begun.
5.2. If the Customer wishes to exercise his right of withdrawal or termination he must send his unequivocal statement of withdrawal/termination to the following address: Asilomar Kft. 1036 Budapest Bécsi út 85 fszt. 5, E-mail address: asilomarkft@gmail.com The customer only needs to provide the order number and a contact information.
5.3. The Customer shall exercise his right of withdrawal/termination within the time limit if he sends his withdrawal/termination statement before the expiry of the above time limit. In both cases the Service Provider shall promptly confirm receipt of the Customer’s statement of withdrawal/termination by e-mail. When notifying by post the date of posting will be taken into account when calculating the deadline and in the case of notification by e-mail the time of sending the e-mail. The customer should post his letter as a registered mail so that the date of dispatch can be proved beyond doubt.
5.4. The above does not affect the Customer’s right to exercise his right of withdrawal as set out in this clause during the period between the date of conclusion of the contract and the date of receipt of the goods.
5.5. The effects of withdrawal/termination
5.5.1. If the Buyer withdraws from this contract the Service Provider shall immediately but no later than 14 days after receipt of the Customer’s withdrawal notice refund all payments made by the Customer including the transport costs (except for the additional costs incurred by the Customer due to the fact that the Customer has chosen a mode of transport other than the cheapest usual mode of transport offered by the Service Provider.) During the refund process the Service Provider will use the same payment method as the original transaction unless the Customer expressly consents to the use of another payment method; the Customer will not incur any additional costs as a result of using this refund method. The Service Provider may withhold the refund until it has received the product back or the Customer has provided proof that it has returned it whichever is the earlier.
5.5.2. The customer shall return the product to the Service Provider without undue delay but no later than 14 days after the communication of his withdrawal notice. The deadline shall be deemed to have been met if the product is sent before the 14-day deadline. The ordered product can be returned to the Service Provider by post or courier. The cost of returning the product shall be borne by the Customer except in the case where the Service Provider has fulfilled the order with a substitute product. (In the latter case the Service Provider shall bear the cost of returning the product in connection with the exercise of the right of withdrawal (see section 4.5 of these GTC)). The Service Provider shall not be able to accept the package returned by cash on delivery. Apart from the cost of returning the product the Customer shall not incur any other costs in connection with the withdrawal. The customer shall only be liable for the depreciation of the product if it has resulted from use beyond what is necessary to establish the nature characteristics and functioning of the product.
The Service Provider may claim the depreciation and reasonable costs arising from the use beyond what is necessary to establish the nature characteristics and functioning of the product. The Service Provider may claim compensation for any damage resulting from improper use.
If the Buyer has requested that the service commence within the withdrawal period the Buyer shall be liable to pay the Service Provider a proportionate amount of the service performed up to the time of termination. Similarly the Service Provider shall reimburse the Customer for that part of the consideration provided by the Customer which exceeds the value of the service provided by the Service Provider. If the Customer exercises his right of withdrawal after the commencement of the performance in the case of a contract for the provision of services the Customer shall be liable to reimburse the Company’s reasonable costs.
If the product is incomplete damaged or visibly used when returned the Service Provider may claim compensation.
5.6. The Customer shall pay particular attention to the proper use of the product as any damage resulting from improper use shall be borne by the Customer.
5.7. The current state of Government Decree 45/2014 (II.26.) on distance contracts on the detailed rules of contracts between consumers and businesses is available here.
5.8. The customer can also contact the Service Provider with other complaints at the contact details provided in section 11 of these GTC.
6. Warranty product warranty guarantee
6.1. Warranty
Under what circumstances can the Customer exercise his warranty rights?
In the event of defective performance by the Service Provider the Customer may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
What rights does the Customer have on the basis of his warranty claim?
The Customer may at his discretion exercise the following warranty claims:
He may request repair or replacement unless the performance of the claim chosen by the Customer is impossible or would entail disproportionate additional costs for the Service Provider compared to the performance of another claim. If he has not requested or could not request repair or replacement he may claim a proportionate reduction of the consideration or may repair the defect at the Service Provider’s expense or have it repaired by another person or – as a last resort – withdraw from the contract.
You can change from your chosen warranty right to another but the cost of the change is borne by the Customer unless it was justified or the Service Provider gave a reason for it.
What is the time limit for the Customer to enforce his warranty claim?
The customer must notify the defect immediately after its discovery but no later than two months after the discovery of the defect. However beyond the two-year limitation period from the performance of the contract he may no longer assert his warranty rights.
Against whom can the Customer assert his warranty claim?
The customer can assert his warranty claim against the Service Provider. What other conditions are there for enforcing your warranty rights?
Within six months of performance there are no conditions other than notification of the defect for the Customer to enforce his warranty claim if the Customer proves that the product or service was provided by the Service Provider. After six months from the date of performance however the Customer must prove that the defect recognized by the Customer already existed at the time of performance.
6.2. Product warranty
Under what circumstances can the Customer exercise his product warranty rights?
In the case of a defect in a movable item (product) the Customer may at his option exercise his right specified in point 6.1. or assert a product warranty claim. What rights does the Customer have on the basis of his product warranty claim? As a product warranty claim the Customer may only request the repair or replacement of the defective product in accordance with Section 6:168 (1) of the Civil Code.
When is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
What is the time limit for the Customer to enforce his product warranty claim?
The customer may enforce his product warranty claim within two years of the product being placed on the market by the manufacturer. After this period he loses this right.
Against whom and under what other conditions can the Customer assert his product warranty claim? The customer can only enforce his product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim the Customer must prove the defect of the product.
In case of contact details. In the “Contact” section (section 11) the Customer can find the relevant information the Service Provider’s representative will explain the necessary steps. The Service Provider will inform the Customer by e-mail about the process and result of the complaint. In order to make a complaint the Customer must also make it in writing. The defect must be described and the invoice must be presented.
6.3. Guarantee
The service provider does not sell any product that would be subject to a mandatory guarantee.
7. Miscellaneous provisions
7.1. If any part of these Terms and Conditions becomes invalid ineffective or unenforceable it shall not affect the validity effectiveness and enforceability of the remaining parts.
7.2. If the Service Provider does not exercise its right under the General Terms and Conditions the failure to exercise the right cannot be considered a waiver of that right. Any waiver of any right is valid only in the case of an express written statement to that effect. The fact that the Service Provider does not strictly adhere to any essential condition or stipulation of the General Terms and Conditions on one occasion does not mean that it waives its right to strictly adhere to that condition or stipulation at a later date.
8. Complaint handling procedure
8.1. The purpose of the Website is to fulfill all orders in good quality and to the complete satisfaction of the Customer. However if the Customer has any complaints regarding the contract or its performance he can submit his complaint to the contact details provided in section 11 of these GTC by e-mail orally by phone or by post.
8.2. The service provider will immediately investigate the oral complaint and remedy it if necessary. If the Customer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately the Service Provider will promptly record the complaint and its position on it in a report and hand over a copy of it to the Customer in the case of an oral complaint communicated in person on site and in the case of an oral complaint communicated by telephone or other electronic communication service send it to the Customer no later than at the same time as the substantive reply or if this is not possible proceed according to the rules applicable to the written complaint detailed below.
8.3. The Service Provider is obliged to respond in writing within 30 days of receipt of the written complaint and to take measures to communicate it. The Service Provider shall state the reasons for its position rejecting the complaint. The Service Provider shall keep a record of the complaint and a copy of the response for 5 years and shall make it available to the supervisory authorities upon request. 8.4. Other legal remedies
If the consumer dispute between the Service Provider and the Customer is not resolved by negotiation the Customer (consumer) has the following legal remedies:
- The consumer is entitled to initiate proceedings before the Conciliation Board competent for his place of residence place of stay or the registered office of the Service Provider:
In Hungary the Budapest Conciliation Board is exclusively entitled to act in the case of cross-border consumer disputes related to online sales or online service contracts. The Budapest Conciliation Board’s internet address: http://bekeltet.hu/ The Budapest Conciliation Board’s contact details: address: 1016 Budapest Krisztina krt. 99. telephone: 06-1-488-2131 Fax: 06-1-488-2186 E-mail: bekelteto.testulet@bkik.hu.
The contact details of the Conciliation Boards can be found by clicking on the following electronic link: http://www.bekeltetes.hu/index.php?id=testuletek
The Service Provider has an obligation to cooperate in the conciliation procedure. - The consumer is entitled to lodge a complaint with the consumer protection authority,
- Consumers are entitled to initiate dispute resolution on the European Union’s online dispute resolution platform available by clicking on the following electronic link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU In the case of cross-border consumer disputes related to an online sales contract consumers have the opportunity to resolve their consumer disputes by submitting a complaint via the interface displayed by clicking on the following electronic link. https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show How to use the online dispute resolution platform: click on the electronic link above to open the online dispute resolution platform where the consumer registers fills in a form and then sends it electronically to the Conciliation Board via the online platform.
- Initiation of court proceedings
The Service Provider and the Customer shall try to resolve their disputes amicably. For any legal disputes that fall within the scope of these General Terms and Conditions the Customer and the Service Provider agree to the exclusive jurisdiction of the Buda Central District Court.
9. Electronic invoice
The service provider issues an electronic invoice for the order to consumers. This can be downloaded at any time from the e-mail in which the Customer is informed that the package has been handed over to the courier. The electronic invoice can be downloaded through the user account and can also be requested at asilomarkft@gmail.com at any time.
10. Data protection
The Website’s data management information is available here.
11. Contact
Contact details of the Service Provider’s customer service:
Name: Asilomar Kft
Phone: +36 30 754 86 36
E-mail: asilomarkft@gmail.com
Mailing address: Asilomar Kft. 1036 Budapest Bécsi út 85 ground floor 5.
After the sale the Service Provider’s customer service is available for any questions at the above contact details on working days from 9 a.m. to 6 p.m.
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