Terms & Conditions

TERMS AND CONDITIONS

Effective date: February 4, 2020


These Terms and Conditions are available for download in pdf. format here.

Not only by purchasing, but also by registering on the pamutkababy.com webshop, the legal relationship between the Operator and the Buyer is established in accordance with these Terms and Conditions. Our Privacy Policy is available here.

Any purchase(s) from the pamutkababy.com webshop concludes a contract between the Buyer and the Operator in accordance with these Terms and Conditions.

By ordering from pamutkababy.com, the customer agrees to be bound by these Terms and Conditions. If you have any questions regarding the operation, ordering and delivery process of the webshop, please use the contact details below.

Ordering from pamutkababy.com can only be done online; using the shopping cart on the website, and entering your billing and delivery details (name, address, phone number, email address).

Details about the Operator of the webshop

Name of operator: István Gyenes

Head office and mailing address: Szél utca 2/b, Etyek, Hungary 2091

Tax Number: 75689579-1-27

Registration number: 39831881

Date of registration: 17/10/2014

Account keeping financial institution: K&H Bank Zrt.

Account Number: 10403208-50526854-66831007

IBAN: HU75 1040 3208 5052 6854 6683 1007

E-mail: info@pamutkababy.com

Phone: +36-30-611-4099

Contact person: István Gyenes, Rozália Fehérvári

Customer Service and Returns Address: Szél utca 2/b, Etyek, Hungary 2091

Professional advocacy: Chamber of Commerce and Industry of Fejér County

Contract language: English, which is not filed by the Operator

Name / address / email address of the hosting provider:

Stablehost.com

Head office: 2719 Hollywood Blvd, Hollywood, FL 33020 USA

Website: stablehost.com

Contact: support@stablehost.com

Name / address / email address of shipping partners:

Csomagpont Logisztika Kft.

Head office: Szondi utca 15, Budapest, Hungary 1067

Company registration number: 01-09-340159

Tax number: 26704058-2-42

E-mail: info@csomagpont.com

Phone: +36-1-622-4497

GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

Head office: GLS Európa utca 2, Alsónémedi, Hungary 2351

Company registration number: 13-09-111755

Tax number: 12369410-2-44

E-mail: info@gls-hungary.com

Phone: +36-29-886-694

Foxpost Zrt.

Head office: Batsányi János utca 9, Gyöngyös, Hungary 3200

Company Registration Number: 10-10-020309

Tax Number: 25034644-2-10

Contact: info@foxpost.hu

Phone: + 36-1-999-0369

G3 Worldwide Hungary Ltd.

Head Office: 1097 Budapest, Ecseri út 14-16.

Company Registration number: 01-09-063948

Tax Number: 10271384-2-43

Phone Number: + 36-1-433-3100

Product properties

The pamutkababy.com webshop offers custom-made baby clothes with custom-designed graphics, adult clothes with custom-designed graphics, and other accessories.

The essential properties, characteristics and instructions for use of the products can be found on the information page of the specific product. In the scope of the law, the detailed actual properties of the product are included in the instructions (tag) accompanying the product. 

Product images on pamutkababy.com are for illustration purposes only and may differ from the actual product. 

Contractual fulfillment of the Operator is also considered to be if the product has more favorable and advantageous properties than the information provided on the website.

Registration on the website

Registration in the Webshop is possible by filling in the form under My Account->Register menu on the main page. During registration, you are asked to provide the following information: first name, last name, email address, phone number and password.

After entering the information, the webshop will automatically send an email to the buyer to validate the registration; the registration is completed by clicking on the link there.

Purchase is not subject to registration.

Ordering, conclusion of contract

a.) ORDERING

Click on the "Add to Cart" button on the product page. The selected product will be added to your shopping cart. 

To see the items in your cart, click on the cart icon in the upper right corner.

If you would like to add more products to your cart, select the "Continue Shopping" button. To remove a product from your cart, select the "Remove" button marked by "X".

Enter your personal and shipping information by clicking the "Checkout" button. To ensure smooth delivery, be sure to enter your details accurately. You can select one of the shipping methods by pressing the "Continue to Shipping" button. You can select the payment method by pressing the "Continue" button.

On the "Review" page you can check your personal information, the products in the cart and the shipping cost. If you would like to change anything, you can select all previous steps from the drop-down menu.

You must accept the Terms of Service and Privacy Policy to finalize your order.

You can then submit your order by clicking the "Confirm Order" button. 

We’ll send a confirmation to the email address you provided no later than 48 hours after your order. If you do not receive your email, you may have entered a wrong email address, your mailbox is full, or your mail has been moved to Spam.

b.) PURCHASE PRICE, INVOICING

The purchase price of the products is the amount shown next to the selected product. Unless otherwise specified by the Operator on the product page, the purchase price of the products shall not include the cost of delivery.

The Operator reserves the right to change the prices of products that can be ordered from the webshop, with the change coming into effect at the time of its appearance in the webstore. The change does not adversely affect the purchase price of products already ordered.

If you complete your order with instant online payment, we will send you an electronic invoice authenticated by digital signature and timestamp to the email address you provided at the time of purchase. If you choose the cash on delivery method, you will receive your paper invoice with the product you ordered. 

By placing an order and by accepting the Terms of Service, the Buyer expressly agrees to accept the electronic invoice issued by the Operator and to download it from the link forwarded to the e-mail address specified in the order. The electronic invoice is provided by Billingo (Octonul Ltd.)(Headquarters: József körút 74, 1st floor, Budapest, Hungary 1085, Company registration number: 01-09-1981177, Tax number: 25073364-2-42, E-mail: hello@ billingo.hu) by a qualified service provider on behalf of the Operator. The Operator shall not pass on the data provided to a third party. The invoice shall be archived and retained for the period specified in the applicable legislation. The electronic invoice issued by the Operator is an accounting document issued electronically for tax administration identification purposes and is regulated by the accounting and VAT laws. The original electronic invoice, as a certified document, confirms the existence of obligations and rights related to the payment of taxes, and therefore electronic invoices must be retained in electronic form in accordance with the applicable legislation. The invoice conforms to the Act CXXVII of 2007 on Value Added Tax. Act No. 23/2014.

c.) METHOD OF PAYMENT

You can pay for the ordered products in the following ways:

By credit or debit card: You can pay by credit or debit card for the total amount of your order through the webshop. When selecting the payment method you will have to click on “Barion Credit Bard Payment” (Barion) and we will redirect you to the payment interface of Barion Payment Zrt. You will enter the payment information on this page. After the transaction is completed, the system will navigate back to the webshop interface. The order is created when the payment is made. 

PayPal: For buyers with PayPal accounts only. PayPal allows you to pay with your registered credit card. After you pay with PayPal, shipping will take place to the address you provided in your PayPal account. 

Payment by cash on delivery to the courier or the vending machine: The final amount of the order can only be settled by credit card at the courier's delivery, and you can pay only with a bankcard at the baggage machine. The amount payable can be found in the order confirmation letter.

d.) PROCESSING OF ORDERS

Orders are processed on business days from 10 am to 6 pm CET. It is also possible to place an order outside of the time specified. If it takes place after the end of working hours, it will be processed the next day.

All orders received through the webshop will be processed in no later than 48 hours. You will receive a confirmation email.

e.) CONCLUSION OF THE CONTRACT OF SALE

An order placed by the Buyer through the webshop shall be considered as an offer to the Buyer, which shall be confirmed by the Operator by e-mail within 48 hours. In the absence of confirmation, the Purchaser shall be released from his offer. It is IMPORTANT that this confirmation is only an automated email following the order, in which the Operator informs the Buyer that his order has been received by the Operator. With this confirmation, the contract of sale has not yet been concluded.

The contract of sale is concluded between the Buyer and the Operator when the Operator informs the Buyer by e-mail that the order has been picked up by the shipping service, about the delivery details (shipping number) and the expected date of delivery. By the e-mail under this paragraph, Act V of 2013 (hereinafter: Civil Code) 6:81. (II. 26.) of the Government of the Republic of Hungary shall be concluded between the Operator and the Buyer.

Orders are automatically stored by the Operator in electronic form.

In accordance with the Act CVIII of 2001 on Certain Issues of Information Society Services of the Law, the parties agree that a contract concluded through an order placed in the webshop shall be deemed to have been concluded in writing. The Buyer is entitled to request an electronic copy of the order.

The parties agree that e-mail communications between the Operator and the Buyer shall be deemed to be written communications. The confirmation of the order by e-mail indicated above shall be the content of the contract between the Operator and the Buyer, and the sending thereof by e-mail shall comply with the provisions of Government Decree Act 45/2014. (II. 26.)

f.) CONDITIONS OF SHIPPING

International shipping: The site automatically locates the user based on the their IP address and offers pre-configured shipping options.

Our products are delivered abroad by G3 Worldwide Hungary Kft. The items are then delivered to the local post office of the destination country, ie. the local post office delivers the products. If the consignee is not at the address provided by him/her during checkout, the courier will leave a notice of arrival of the package, the place of collection and of the date of re-delivery.

Delivery timeframe: Europe: 4-8 business days. North America: 5-10 business days. Asia: 8-14 business days. Australia: 8-14 business days.

Cash on Delivery: This payment method is only available for service within Hungary. If this option is chosen for foreign delivery, the order will be cancelled.

Right of withdrawal

On the detailed rules of contracts between the Buyer and the Seller, 45/2014 (II. 26.) Government Decree (available here: http://net.jogtar.hu/jr/gen/hagyar_doc.cgi?docid=A1400045.KOR), the Buyer has the right to cancel without any obligation. 

The Buyer has the right to cancel the purchase within 14 calendar days of receipt of the product. Of course, the Buyer may exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. Notice of cancellation may be sent to Buyer by email, post, or telephone notification to Operator. The sample of the written withdrawal statement is provided in Section 1 of these Terms and Conditions and can be downloaded from here, however, the use of the sample is optional! The Operator shall immediately acknowledge receipt of the consumer declaration by e-mail.

The consumer shall not exercise the right of withdrawal in respect of a sealed product which cannot be returned after opening for health or hygiene reasons after its opening.

Legal effects of withdrawal

If the Buyer legally withdraws from the contract, we will reimburse, without delay, and no later than 14 days after receiving the Buyer's notice of cancellation, any compensation paid by the Buyer, including shipping costs (except for any additional costs incurred by the Buyer.) The refund will be based on the same payment method as the one used in the original transaction, unless The Buyer explicitly consents to the use of another payment method; this refund method does not impose any additional cost on the Buyer. The refund may be withheld by the Operator until the product is returned or the Customer has confirmed that it has been shipped; whichever happens earlier.

The Buyer is obliged to return the product to the Operator without undue delay, but no later than 14 days after the notice of withdrawal. The deadline is deemed to be met if the Buyer ships the product before the 14 day deadline has expired. 

The direct cost of returning the Product shall be borne by the Customer. 

The Operator may claim compensation for depreciation arising from the use of the Product in excess of its use.

If the Buyer is not entitled to withdraw under these Terms and Conditions or the law, or does not notify the Operator about the cancellation under these Terms and Conditions and the law, or does not exercise the right of withdrawal under these Terms and Conditions and the law, the Operator shall not be obliged to refund the purchase price, however, after prior consultation, the product may be returned to the Buyer. In this case. The cost of this re-delivery shall be borne by the Buyer.

Warranty, liability, product liability, product warranty

Warranty: Many products on www.pamutkababy.com are not covered by the mandatory warranty. If, however, a product does comply with the Government Decree 151/2003. (IX. 22.) Government Decree, the Operator shall indicate it on the product page.

 In the event of defects in consumer goods specified in the Appendix to the No. 151/2003 Government Decree, Buyer may enforce a warranty claim against the Operator within one year of receipt (provided that the Buyer qualifies as a consumer under this Government Decree). The Operator will only be exempt from warranty if it proves that the cause of the defect occurred after delivery. 

Warranty claims may be claimed by Buyer as stated in the Supplies Warranty, except that in the event of a defect in a durable good, we will replace the product within 3 business days of receipt if the malfunction prevents its normal use and in the event of any notice beyond this date, we will endeavor to have the repair or replacement completed within 15 days. You can also claim your repair directly through the after-sales service (repair service) listed on your warranty card. 

The duration of the repair is included in the available warranty claim coverage period.

Because of the same defect, you cannot claim both a Warranty and Warranty Claim and a Product Warranty and Warranty Claim at the same time. 

Warranty rights are enforceable by the warranty card, however, the invalidation of the warranty card or the failure to provide the warranty card to the consumer shall not affect the validity of the warranty. In the event that the Operator fails to provide the warranty card to the consumer for any reason, the conclusion of the contract shall be deemed to be proved if the consumer presents the proof of payment. In this case, the rights arising from the warranty can be enforced by proof of payment.

However, the warranty does not affect Buyer's other rights, such as liability for defects and product warranties.

Liability: Article 6: 163 of Act V of 2013 (Civil Code). Paragraph 2 provides for a two-year warranty period for consumer-to-business contracts.

The liability for defects in the material shall apply to defective execution. The Operator defects execution if the Product does not meet the quality requirements set out in the contract or legislation at the time of execution. The Operator shall not perform defective if the Buyer was aware of the defect at the time of the conclusion of the contract or should have known the defect at the time of the conclusion of the contract. Defective execution happens if the assembly is carried out unprofessionally under contract and carried out by the Operator or its representative. If assembly is done by the Buyer, improper assembly may also be deemed to be a defective performance if it results from an error in the instruction manual supplied with the product.

In the case of a contract between a Buyer and an Operator, it shall be presumed, until proven otherwise, that within six months of delivery the defect recognized by the Buyer was present at the time of execution, unless that presumption is incompatible with the nature of the defect. Therefore, within six months, the Operator will only be released from the warranty if it breaks the presumption, ie proves that the defect in the product occurred after delivery to the Buyer. Based on this, the Operator is not obliged, for example, to accept the Customer's objection if it the Operator proves properly that the product has become defective due to improper use.

However, six months after the execution, the burden of proof shall be borne by the Buyer, ie in the event of a dispute, the Buyer shall be required to prove that the defect existed at the time of execution. If the defective product is not defective, the Operator shall not be liable for any liability.

In the event of defective execution, Buyer may assert four types of warranty claims in two steps:

  1. may require repair or replacement (unless fulfillment of the selected warranty claim would be impossible or would result in disproportionate additional costs for the obligor compared to the performance of the other warranty claim),
  2. if you have no right to repair and replacement, or if the obligee has not undertaken / is unable to comply, you may request an appropriate price reduction, or you may remedy the defect at your own expense or, in the final case, withdraw from the contract (no place due to minor error)

The Buyer shall notify the Operator of the defect immediately after discovering the defect. In the case of a contract between a consumer and a business, the defect communicated within two months of the discovery of the defect shall be deemed to be communicated without delay.

Product warranty: In accordance with (Civil Code) Article 6: 168, in the event of a defect in the product, the consumer may require the manufacturer to remedy the defect in the product, or, if repair is not possible within a reasonable time and without prejudice to the consumer's interests, ask for a replacement. A product is defective if it does not meet the quality requirements of the product when it is placed on the market by the manufacturer or does not have the characteristics described by the manufacturer. For the purposes of this point, the manufacturer and the distributor of the product shall be considered as the manufacturer.

Product liability: In accordance with (Civil Code) Article 6: 550-559, the manufacturer of the defective product is liable for product damage. Product damage means death, bodily injury or damage to health caused by a defective product; and damage caused by the defective product in other things, sustained damage up to five hundred euros at the time the damage occurs, if the damaged item is normally intended for private use or consumption and has been used for such purpose by the injured party.

Handling liability and warranty claims: 19/2014 on the Rules of Procedure for Handling Warranty and Warranty Claims in Consumer and Business Contract Sales. (IV. 29.) NGM, the consumer must prove the conclusion of the contract when enforcing his warranty claim. The conclusion of the contract shall be deemed to be proven if the consumer provides proof of payment, such as the invoice or receipt issued under the Law on value added tax.

The Operator shall keep a record of the consumer's claim for liability or warranty. A copy of the report shall be made available without delay and in a verifiable manner to the consumer. The protocol should include information that, in the event of a consumer dispute, the consumer may also initiate arbitration proceedings with the county (capital) chamber of commerce and industry. The Operator shall endeavor to repair or replace it within a maximum of fifteen days.

Disclaimer

We cannot accept liability in the following cases, for whatever reason:

  • Any malfunction in the Internet network that prevents the www.pamutkababy.com webshop and payment services from running smoothly.
  • Consequences of any bug, abnormal event, or technical error.
  • In case of force majeure, or in connection with any event outside our control.

Copyright and trademark

Content on pamutkababy.com is the intellectual property of the Operator and may not be used online or in print without prior written permission. Product pictures, product names, product descriptions, or related visuals are unique creations or self-made. These items may only be saved or printed on Customer's hard disk for your own use, but may not be reproduced, copied, included in databases, placed on the market, and copyrighted or any other use under the Act LXXVI of 1999 on Copyright is prohibited without written permission of the Operator. Deviations from the above may only be made on the basis of a written contract with the Operator. In the event of an infringement of the copyright, the Operator may impose legal consequences under the Copyright Act against the infringer and may also require termination of the infringement and compensation for its damages.

Buyer's enforcement options

The Buyer shall be entitled to notify the Operator in writing or orally of any complaint arising in relation to the legal relationship covered by these Terms and Conditions.

Customer service contact:

Customer Service and Returns Address: Szél utca 2/b, Etyek, Hungary 2091

Opening hours: weekdays between 10am-6pm CET

Phone: + 36-30-756-8760

Email: info@pamutkababy.com

  • Verbal complaint. The Operator shall promptly investigate the verbal complaint and remedy it as far as possible. If the Buyer is not satisfied with the handling of the verbal complaint, the Operator shall draw up a written report, which shall be forwarded to the Buyer at the e-mail address specified by the Buyer. Thereafter, the complaint shall be treated as a written complaint.
  • Complaint in writing. Complaints received in writing must be answered by the Operator in writing within thirty days. The undertaking shall state the reasons for its rejection of the complaint and shall inform the Buyer in writing of the nature of the complaint, which authority or the conciliation body may initiate proceedings. The mailing address of the competent authority or of the conciliation body at the headquarters of the business shall be provided. Further rules governing the handling of complaints are contained in CLV 1997 on Consumer Protection law.

Other enforcement options

In the event that any consumer dispute between Buyer and Operator is not resolved during negotiations with Operator, the Buyer shall have the following remedies available:

  • If the Buyer detects a violation of his or her consumer rights, he or she is entitled to lodge a complaint with the competent consumer protection authority of his or her place of residence. After considering the complaint, the authority will decide on the consumer protection procedure.
  • If you wish to make a complaint about an online purchased product or service, you can also submit your complaint through the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
  • Conciliation body. For the purposes of amicable out-of-court settlement of consumer disputes related to the quality, safety and application of product liability rules, and to the conclusion and performance of a contract, Buyer may institute proceedings before a conciliation body operating with its professional chamber of residence. The Operator shall be obliged to cooperate in conciliation proceedings. In the event of a consumer complaint, you may contact the conciliation body competent for the place of business:

The Fejér County Arbitration Board, operating under the Fejér County Chamber of Commerce and Industry (Address: Hosszúsétatér 4-6, Székesfehérvár, Hungary 80000, 4-6; Phone: +36 22 510-310, Fax: +36 22 510-312, Email: bekeltetes@fmkik.hu , Customer Hours: Monday to Tuesday, Wednesday: 1pm - 3pm)

  • Legal proceedings. The Buyer shall be entitled to a court action for the settlement of a consumer claim arising from a consumer dispute in accordance with the applicable Hungarian law.

Other provisions

By viewing the pamutkababy.com website, registering on the site and ordering products, Buyer declares that it has read and accepted the Terms and Conditions.

The contract is concluded in English.

The contract is governed by Hungarian law. Provisions not regulated by these Business Rules shall be governed by the provisions of the Civil Code.

The Operator has not accepted the Code of Ethics as binding on itself.

A sample notice of consumer withdrawal is provided in Appendix 1.

For information on Product Warranty, Product Liability see Appendix 2.

Appendix 1

Sample Declaration of Withdrawal/Cancellation. 

(fill in and return only if you intend to cancel / terminate the contract) 

Addressee: 

E-mail:

I, the undersigned, declare that I am exercising my right of withdrawal / termination with respect to the contract for the sale or provision of the following product(s): 

Date of contract / date of receipt: 

Order number: 

Name of the consumer(s): 

Address of consumer(s): 

Signature of the consumer(s): (in case of paper declaration only) 

Date

Appendix 1

Model instructions on Product Liability and Product Warranty

1. Product liability

When can you exercise your right to a liability claim? 

In the event of a defective execution on the part of the Operator, you may enforce a warranty claim against the Company under the terms of the Civil Code. 

What rights do you have under your liability claim? 

You have the following liability claims at your option: 

You may request a repair or replacement unless it is impossible for you to meet the claim you have selected or disproportionately for the business to meet your other claim. If you did not request or request a repair or replacement, you may request a pro-rata reduction of the consideration or you may repair the defect at the expense of the business, or you may terminate the contract. 

You may switch from one replacement warranty to another, but the cost of the transition will be at your own risk unless warranted or provided by the company. 

What is the deadline for your liability claim? 

You are required to notify the defect immediately, but no later than two months after the discovery of the defect. However, please note that you will no longer be able to enforce your warranty coverage beyond the two-year limitation period for this contract. In the case of second-hand goods, this time limit shall be one year. 

Who can you enforce your liability claim against? 

You can enforce a liability claim on the business. 

What are the other conditions to enforce your liability claims? 

Within six months from the date of delivery, there is no other condition for enforcing your warranty claim unless you certify that the product or service was provided by the Operator. However, after six months have passed from the date of execution, it is your responsibility to prove that the defect you discovered was present at the time of execution.

2. Product warranty

In what cases can you exercise your product warranty? 

In the event of a defect of a movables, you may, at your option, assert your right or claim under Part 1. 

What are your rights under your product warranty claim? 

As a product warranty claim, you may only request the repair or replacement of the defective product. 

When is a product defective? 

A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics given by the manufacturer. 

What is the deadline for enforcing your product warranty claim? 

You can claim your product warranty within two years of the product being marketed by the manufacturer. Upon expiry of that period, you shall lose your entitlement. 

Against whom and under what other conditions can you claim your product warranty claim? 

You can only claim your product warranty against the manufacturer or distributor of the movable. You must prove that the product is defective if you claim a product warranty. 

In what cases is the manufacturer (distributor) exempt from product liability?

The manufacturer (distributor) shall only be exempt from product liability if he can prove that: 

he has not manufactured or marketed the product in the course of his business, or 

the defect was not recognizable at the time of placing on the market in the light of scientific and technical knowledge, or 

- the defect in the product results from the application of a legal or regulatory requirement. 

The manufacturer (distributor) must justify one reason for exemption. 

Please note that due to the same defect, you cannot enforce a Product Liability and Product Warranty Claim simultaneously. However, if your Product Warranty Claim is effectively enforced, you may enforce your Product Liability Claim against the replaced Product or part as against the manufacturer.

3. Warranty

When can you exercise your right to a liability claim? 

In case of defective delivery for certain products, the operator is obliged to provide a contract or by law. 

What are your rights and within what time limit you are entitled to a warranty? 

The warranty period for the products specified in Annex I of the 151/2003 on Compulsory Warranty for Certain Consumer Goods (IX. 22.) Government Decree is at least one year. 

When is a business released from Warranty? 

A business shall be exempt from its guarantee obligation only if it proves that the cause of the defect occurred after the execution. 

Please note that due to the same defect, a liability and warranty Claim or a product warranty and warranty Claim cannot be enforced concurrently, otherwise you will be entitled to the Warranty Rights regardless of the rights set forth in Sections 1 and 2.