General terms and conditions
1. General information, the conclusion of the contract between the Parties
1.1 These General Terms and Conditions (hereinafter: “GTC”) details the rights and obligations of the customer (hereinafter: “Customer”) using the electronic commerce services provided on the www.wecan.net website (hereinafter: “Website”), provided by weCAN Communications Kft. (seat: H-1037, Budapest Seregély utca 3-5., info@wecan.net; company registration number: 01-09-303363; VAT number: 26127514-2-41, hereinafter: “Service provider”). Service provider and Customer hereinafter collectively referred to as: Parties.
1.2 The scope of this GTC shall apply to all e-commerce services provided through the Website in the territory of Hungary. Any purchase made on the Website is governed by Act V. of 2013 on the Hungarian Civil Code, Act CVIII. of 2001 on electronic commerce and on information society services (“Ektv”), and Gov. Decree 45/2014 (II. 26.) on the detailed rules of contracts concluded between consumers and businesses.
1.3 Any purchase on the Website is possible by placing orders electronically in the manner specified in these GTC. On the Website, Customer has the opportunity to purchase the Service Provider’s “CANnual Report” products, which are deemed to be digitally available products and are only available for download after purchase (hereinafter: Product).
1.4 Anyone is entitled to use the services of the Website, provided that he/she acknowledges that he/she is bound by this GTC. Only natural persons over the age of 18 may place orders on the Website.
1.5 The contract between the Parties shall be entered into with the confirmation of the order by the Service Provider. The contract concluded between the Parties in Hungarian language for the purchase of the Product shall be considered as a written contract, shall be filed by the Service Provider and shall be kept for 5 years after its conclusion.
1.6 Customer Service: weCAN Communications Kft.
Phone: +36 1 888 7292
Web: www.wecan.net
E-mail: info@wecan.net
1.7 Details of the hosting service provider:
Name: Rackhost Zrt.
Seat: H-6722 Szeged, Tisza Lajos körút 41.
Phone: +36 1 445 1200
E-mail: info@rackhost.hu
1.8 Service Provider does not have a Code of conduct pursuant to Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers.
2. Purchase order
2.1 You can find the features and characteristics of the products available on the Website on the specific page for the Products. If you need more information about the features, use, or usability of any of the Products on the Website than those provided on the Website, please contact our Customer Support.
2.2 The price shown next to the Product is the purchase price of the Product, which includes VAT. The price of the Products and the total amount will be listed separately in the order confirmation message.
2.3 Service Provider reserves the right to change the prices of the Products ordered from the Website, provided that, the change takes effect at the time of appearance on the Website. The change will not adversely affect the purchase price of the Products you have already ordered.
2.4 If, despite the due diligence of the Service Provider, a wrong price appears on the Website, especially with regard to apparently incorrect prices, Service Provider is not obliged to sell the Product at an incorrect price but may offer the shipping on the correct price, after which Customer may withdraw from the purchase.
2.5 The order will only be accepted through the Service Provider’s Website if Customer provides all the data required for the order. Service Provider shall not be liable for delivery delays or other problems or errors due to incorrect and/or inaccurate order details provided by the Customer.
2.6 Customer is solely responsible for the accuracy, timeliness and content of the information provided during the order. Service Provider disclaims any liability whatsoever arising from inaccuracies, misspellings or misrepresentation of information provided on the Website. Service Provider shall not be liable for delivery delays or other problems or errors due to incorrect and/or inaccurate details provided by the Customer. Changing the details of a placed order is possible by calling Customer Support or at our central email address.
2.7 How to order:
1; Step: The product you wish to purchase is added to the shopping cart by clicking on the “Buy” button. Prices include VAT. The rate of VAT is the percentage specified in the relevant VAT Act.
2; Step: The information for invoicing must be provided on the purchase form available here. The following information is required when completing the form: Name, company name (optional), phone number, email address, billing address, and coupon code (if applicable). Furthermore, the Customer’s special requests or comments can be added at this section.
This interface also shows the price of the Product you wish to purchase.
Fields marked with an asterisk are mandatory for successful ordering, and Customer must accept this GTC and the Privacy Policy by ticking the appropriate field. By ticking this box, Customer declares that it has read, understood, and fully complies with these GTC and the Privacy Statement, and acknowledges that all its provisions are binding upon itself. The order process cannot be continued without the acceptance of the GTC and the Privacy Policy.
3; Step By selecting the payment method and clicking on the “Proceed to PayPal” button, Customer will be taken to a page summarizing its order, where it can verify the correctness of the information provided. If Customer wishes to make any changes to the order or details, it can do so by clicking on the “Back” button. If Customer finds everything OK, it can submit the order by clicking the “Submit Order” button. Customer will then receive an order confirmation to the email address provided. Payment by online payment is possible through the Website.
2.8 By placing the order, Customer declares that it accepts this GTC and the Privacy Policy and acknowledges that it is bound by it.
2.9 Service Provider shall confirm the purchase to Customer electronically (by e-mail) upon receipt of the Customer’s purchase offer (order). If such confirmation is not received by Customer within 48 hours of the date of sending the offer, the validity period of the Customer’s offer, and any of its obligations, shall automatically terminate without further notice.
3. Shipment and payment terms
3.1 Payment of the purchase price is possible only by credit or debit card payment or via PayPal.
3.2 Downloading of the Product to be purchased is possible when Service Provider has received the purchase price of the Product, which Service Provider shall always inform Customer about. If the purchased Product becomes available to Customer, it may download the Product without limitation.
4. Implied warranty
4.1 Implied warranty is governed by the current provisions of Act V of 2013 on the Hungarian Civil Code.
4.2 In case of defective performance of Service Provider, Customer may assert its warranty claim against the business pursuant to the provisions of the Civil Code.
4.3 Customer may, in consideration of the characteristics and availability of the Product, request the replacement of the Product under its implied warranty claim, if the Product does not properly appear after download, especially if the downloaded document is illegible or incomplete. In the event of replacement, Service Provider shall make the purchased Product available to Customer in such a way that it is clearly and visibly comprehensible and legible.
4.4 Customer is required to report the defect immediately after becoming aware of it, but no later than two months after discovery. After the two-year expiration period from the completion of the contract, Customer may no longer enforce its implied warranty rights.
4.5 Customer may exercise its implied warranty rights against Service Provider.
4.6 Other conditions for enforcing a warranty claim: Within six months after delivery, exercising rights related to implied warranty has no conditions other than reporting the defect, in case Customer can demonstrate that the product or service was sold or provided by Service Provider. However, after six months following the delivery, Customer is obliged to prove that the defect detected by itself already existed at the date of delivery.
5. Withdrawal
5.1 Pursuant to Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses (hereinafter: Gov. Decree), Customer has the right to withdraw from the contract within 14 days without giving reasons. Due to the nature of the Product, it will be deemed to have been delivered when it becomes available (downloadable) to Customer, so the cancellation period also expires after 14 days from that date. Customer may exercise its right of withdrawal between the date of conclusion of the contract and the date the Product was made available. In consideration of the nature of the availability of the Product, Service Provider draws the attention that, Customer may exercise its right of withdrawal only until the time when the Product was downloaded, but not later than 14 days after the Product was made available. Furthermore, pursuant to section 29(1) of the Gov. Decree, Customer acknowledges that, it will lose its right of withdrawal by downloading digital content provided on a non-tangible medium. If Customer intends to exercise its right of withdrawal, it must provide Service Provider with a clear statement of intention to withdraw (i.e. by post or electronic means) via one of the following contact details:
postal address: H-1037 Budapest, Seregély utca 3-5.
e-mail: info@wecan.net
5.2 For this purpose, Customer may also use the template withdrawal form provided in Appendix 1 to these GTC.
5.3 Customer will exercise its right of withdrawal within the time limit if it sends its notice of withdrawal before the above deadline.
5.4 If Customer withdraws from the contract, Service Provider shall reimburse any consideration paid by Customer immediately, but no later than 14 days after receipt of the notice of cancellation. When refunding, Service Provider shall use a payment method identical to the payment method used in the original transaction, unless Customer expressly agrees to the use of another payment method; no additional costs will be charged to Customer due to the use of this refund method.
6. Complaints management
6.1 Customer may submit its complaints that may arise during the purchase via the contact details provided in section 1.5. Complaint handling by the Service Provider is always free of charge.
a) Oral complaint
Service Provider shall promptly investigate the Customer’s oral complaint and remedy it as soon as possible. If Customer disagrees with the method of handling the complaint or there is no immediate remedy for the complaint, Service Provider shall record the Customer’s complaint and agree on its content with Customer and obtain its approval. A copy of the report shall be provided by Service Provider to Customer. Upon receipt of the complaint, Service Provider will investigate the complaint and send a reasoned reply on its position within 30 days of the submission of the complaint.
b) Written complaint
In the case of a written complaint, Service Provider will investigate the complaint after receipt and send a written response on the results to Customer within 30 days of the notification of the complaint. Upon request, Service Provider shall notify Client on the result of the investigation by electronic means.
Service Provider shall investigate, reject or remedy the complaint in accordance with applicable legal requirements.
In its reply, Service Provider shall state the result of the comprehensive investigation of the complaint, the measures taken to remedy the complaint and, in case of rejection, the reasons for rejection. Service Provider shall provide its information with clear, understandable justification, using simple language, avoiding the unjustified use of legal terms. Service Provider shall endeavor to provide a substantive answer to all objections of Customer in its reply.
Service Provider shall archive written complaints and the corresponding responses, including minutes of complaints made at personal attendance, for five years. After the retention period, the media (documents) may be discarded by Service Provider.
c) Remedy
If Customer’s complaint is rejected in whole or in part, or if the time limit for investigating the complaint has expired without success, Customer may contact the following authorities and bodies:
Office of District V. of the Government Office of Budapest, Consumer Protection Department
Address: H-1051 Budapest, Sas u. 19. III. em.
Phone: +36 1 450 2598
6.2 Customer may contact a conciliation body based on its permanent or temporary address, for the purpose of a simple, fast, out-of-court settlement of any consumer dispute that may arise. In the absence of Customer’s Hungarian permanent or temporary address, the conciliation body according to Service Provider’s seat shall be competent. At the Customer’s request, the request may be submitted to a conciliation body specified in the Customer’s request, instead of the competent conciliation body described above. Service Provider is obliged to cooperate in conciliation proceedings.
Contact details of the conciliation body with competence based on the Service Provider’s seat:
Budapest Arbitration Board operating with the Budapest Chamber of Commerce and Industry
Seat: H-1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: H-1253 Budapest, Pf.:10.
Phone: +36 (1) 488-2131
Fax: +36 (1) 488-2186
E-mail: bekelteto.testulet@bkik.hu
Website: http://bekeltet.hu/
6.3 Customer has the option of initiating an out-of-court settlement of its complaint regarding an online purchased product or service through an online dispute resolution procedure. You can initiate an online dispute resolution on the following website, and obtain detailed information on the terms and conditions of online dispute resolution here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
6.4 If it is not possible to resolve the dispute through any of the above methods or by any other means of negotiation, Customer may contact the court.
7. Privacy policy
Service Provider shall treat the obtained personal data obtained confidentially and shall use them only for the purposes specified in the Privacy Policy available on the Website. When we handle your data, we always respect the applicable data protection laws. Service Provider’s detailed Privacy Policy can be found on our Website. (https://www.wecan.net/privacy)
8. Miscellaneous
8.1 The security level of the Website operated by Service Provider is adequate and safe to use, however, we recommend you to take the following precautions: use virus and spyware protection software with up-to-date database, install operating system security updates. Purchasing on the Website requires Customer to be aware of the technical limitations of the Internet, and to accept the potential for errors that may come with the technology.
8.2 Service Provider shall not be liable for any damage resulting from access to the Website. Customer is responsible for protecting its computer and the data stored on it.
8.3 Service Provider is entitled to unilaterally amend the terms and conditions of these GTC at any time. Any amendment shall take effect at the time of its appearance on the Website.
Budapest, 31 October 2019
Appendix 1
Cancellation notice template
(fill and return only if you intend to cancel the contract)
Addressee: 1
I/we, the undersigned, declare that I am / we are exercising my/our right of withdrawal regarding the contract for the sale of the following product(s) or provision of the following service(s): 2
Date of contract / date of receipt:
Contract / Order number:
Consumer(s) name:
Consumer(s) address:
Consumer(s) signature: (only in case of printed notice)
Dated:
1 Please enter your business name, postal address, telephone number, fax number and e-mail address here.
2 Please indicate here the product to which the contract relates.
