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General terms and conditions

GENERAL TERMS AND CONDITIONS


 

Service Provider

1.1 The www.newyorkuniform.hu website and its online store are operated by New York Dentál Kereskedelmi Korlátolt Felelősségű Társaság (hereinafter: “New York Dental”)
1.2 Details of New York Dental as Service Provider:
1.2.1 company name: New York Dentál Kereskedelmi Korlátolt Felelősségű Társaság
1.2.2 abbreviated company name: New York Dental Kft.
1.2.3 registered office of the company: 1135 Budapest, Frangepán u. 66/B.
1.2.4 registered by: Company Registry Court of Budapest - Capital Regional Court
1.2.5 company registration number: 01-09-364418
1.2.6 executive officer: Róbert Deutsch Managing Director
1.2.7 tax number: 10967490-2-41
1.2.8 European Community tax number: HU10967490
1.2.9 contact phone number: 06 1 236 4000 (8 a.m. - 5 p.m. on working days)
1.2.10 contact email : info (at) newyorkdental (dot) hu contact email: info (at) newyorkdental (dot) hu
1.2.11 the data protection registration number of New York Dental Kft.: NAIH-66933
1.3 hosting provider details:
1.3.1 name of the hosting provider: AtomSystems Informatikai Szolgáltató Kft.
1.3.2 registered office of the company: 5662 Csanádapáca Liszt Ferenc utca 14.
1.3.3 phone: +36-30/26-24-551
1.3.4 email address: info (at) atomsystems (dot) hu
1.3.5 hosting provider's tax number: 23877887-1-04
1.3.6 hosting provider’s company registration number: Cg.04-09-011618 Registered in the Company Registry Court of GyulaDefinitions

The terms defined below shall have the following meaning for the purposes of this GTC:

2.1 "GTC" is the abbreviation of present General Terms and Conditions.

2.2 “ Customer ” shall mean the Customer, who is the natural or legal person who purchases the product sold by New York Dental;

2.3 “Parties” shall mean New York Dental and the Customer collectively.

2.4 “Product” shall mean the products sold by New York Dental.

2.5 "Purchase Price/Consideration” shall mean the value of the Product, the amount of which is set in the Contract.

2.6 “Invoice” shall mean the invoice duly issued by New York Dental regarding the consideration.

2.7 "Website" shall mean the website of New York Dental, which is available at www.newyorkdental.com.

2.8 “Civil Code” shall mean Act V of 2013 on the Civil Code;

2.9 “E-commerce Act " shall mean Act CVIII of 2001 on certain issues of electronic commerce services and information society services.

2.10 “Privacy Act” shall mean Act CXII of 2011 on Informational Self-Determination and Freedom of Information.

2.11 "Government Decree" shall mean Government Decree 45/2014 (II.26.) on the detailed rules governing contracts between consumers and companies.

2.12 “ NGM Decree ” means Decree No. 19/2014 (IV.29.) NGM of the Minister for National Economy the procedural rules for the settlement of warranty and guarantee claims in respect of products sold under a consumer-business agreement.

 

Subject of the GTC

3.1 Pursuant to present GTC, New York Dental shall sell, and the Customer shall purchase the Product. The placing of the order shall be deemed to be an acceptance of present GTC, failing which no sale and purchase shall be concluded.

3.2 Present GTC governs the general terms and conditions of sale and purchase between the Parties. Unless otherwise agreed in writing between the Parties, the provisions of the GTC shall prevail.

 

Order and fulfillment

4.1 Pacing orders are primarily available electronically through the Internet Store operating on the Website. New York Dental also undertakes to fulfill orders placed by other means, in particular by phone, fax, e-mail. Orders shall only be placed and confirmed in Hungarian, and any translation shall not be deemed authentic.

4.2 New York Dental undertakes to send information and confirmation on the orders to the Customer by electronic means within 72 (seventy-two) hours. If the confirmation is not received within this period, the contract between the Parties shall not be concluded.

4.3 Before placing an order, the Customer shall have the opportunity to modify the data provided at registration by recording the modified data. An order shall be deemed as a contract concluded on the internet but not signed, the content of which shall be archived on the server of New York Dental, which shall be subsequently available and retrieved.

4.4 The Buyer shall be obliged to settle the Payment with Paypal, bank transfer, or cash on delivery (which costs HUF 400 gross) and cash upon receipt of the Product. New York Dental expressly reserves the title to the Product until the payment of the full Purchase Price. Failure or delay in payment of the Consideration - pursuant to Section 6:156 (2) of the Civil Code - excludes the simultaneous delay of New York Dental's obligations.

4.5 The Consideration indicated on the Website is expressed in Hungarian Forints and includes value added tax, but does not include any other costs.

4.6 In case the ordered Product is unavailable or there is an impediment to making the Product available to the Customer, New York Dental shall notify the Customer without delay thereof and refund any advance payment to the Customer within 14 (fourteen) days at the latest.

4.7 Other detailed terms and conditions of use of the services provided by New York Dental are available on the Website under the [Terms of Service].

4.8 The system of New York Dental may collect customer activity data that may not be linked to other customer information provided at registration, or information generated when using other web sites or services.

4.9 New York Dental shall have the right to send newsletter or other promotional letter to the Customers, provided that the Customers have given their prior, unequivocal, explicit, and voluntary consent to such registration by providing their respective details. The Customers shall have the right to withdraw their consent under present clause in writing at any time by sending a statement to the contact email address or modifying their consent included in the registration details.

4.10 New York Dental is not responsible for verifying that the information provided by the Customer at registration or otherwise when giving consent is true and correct. The Customer is solely responsible for the accuracy and correctness of the information provided by the Customer, and New York Dental expressly disclaims any and all liability arising therefrom.

4.11 By registering, the Customer agrees to New York Dental's Privacy Policy and gives its consent to New York Dental for retaining its information for data controlling, identification and in order to conclude the sale and purchase.

 

Product delivery, shipment

5.1 The Client is entitled to receive the Product ordered and paid within the time specified in the order confirmation at the New York Dental office or at the delivery address designated by the Customer. Eventual shipping and packaging costs associated with the delivery of the Product shall be borne by the Customer.

5.2 Upon receipt of the Product, the Customer shall verify the number and packaging of the Product ordered and paid for. Any deficiencies or defects detected during the receipt shall be recorded by the Parties.

5.3 The Customer shall be entitled to refuse to take over the Product if, upon receipt, it is discovered that they do not comply with the characteristics of the Product defined on the Website.

5.4 New York Dental shall store the Product free of charge for 5 (five) days, after which period the Product will be received at a storage charge of 5% (Five Percent) of the Gross Value of the Product.

5.5 At the time of delivery of the Product, New York Dental shall provide the Customer with all documents required for proper use of the Product in the Hungarian language.

5.6 The risk of damage to the Product shall be transferred to the Customer upon documented receipt of the Product.

5.7 Customer shall not be entitled to resell the Product in commercial terms.

5.8 For orders placed through the online store or by phone / e-mail, if the requested products are in stock in our Budapest facility, we can deliver to any part of Hungary within 1-2 (maximum 3) business days. All products indicated in the online store are in stock. In case we are out of stock, we need to order from the manufacturer overseas, delivery time is 2-3 weeks from our order.

5.9 The price of shipping to any area of Hungary up to 40.000 HUF (gross) is 1,750 HUF (gross), over 40.000 HUF (gross)is free of charge for orders placed in the webshop.

 

Withdrawal

6.1 Withdrawal of an order shall be governed by the provisions of the Government Decree with the detailed rules contained in present section.

6.2 Apart from the exception set forth in Section 6.3 of the GTC the Client shall, without reason, in its unequivocal declaration in writing, signed, sent in registered mail to New York Dental's registered office, withdraw the purchase within 14 (fourteen) days of receipt of the Product. In the event of a written withdrawal, the deadline will be deemed to have been met if the withdrawal is sent to New York Dental within the deadline. New York Dental does not provide the right to exercise the right of withdrawal on the Internet, and any waiver other than the method of communication set forth in present section shall not be deemed valid or effective.

6.3 The Client shall not have the right of withdrawal in the cases specified in Section 29 (1) of the Government Decree, in particular in the case of a Product manufactured at the Customer's instruction or at the express request or customized by the Customer. In addition, the Customer loses its right of withdrawal if the Product is destroyed, rendered unusable, damaged by the Customer, or lost (retained by the Product).

6.4 Receipt Date is the time of receipt of the Product at New York Dental's office or at the point of delivery specified by the Customer. When multiple Products are purchased at the same time, but New York Dental provides delivery of the Product in different times, the date of delivery of the last Product provided shall prevail. In the case of a Product delivered in multiple lots or pieces, the receipt of the last lot or piece shall be deemed as the beginning of the withdrawal period.

6.5 In the event of withdrawal, the Customer shall bear the direct costs of returning the Product. Upon withdrawal, the Product must be returned to New York Dental's headquarters without undue delay, but no later than 14 (fourteen) days after the notice of withdrawal by the Customer. The deadline shall be deemed to have been met if the Customer returns the Product before the expiration of the 14 (fourteen) day deadline.

6.6 When the Product is returned to New York Dental by the Customer intact and in full, then New York Dental shall promptly, but no later than 14 (fourteen) days after receiving the notice of withdrawal, refund the price of the Product, and any consideration realized by the Customer, including shipment costs (except for the additional costs incurred by the Customer in choosing a shipment method other than the cheapest shipment method offered by New York Dental). Refunds shall be made in the same manner as the purchase price was paid, unless the Customer has explicitly agreed to a different refund method.

6.7 New York Dental shall be entitled to withhold refunds until the Product is returned by Customer in good condition available for its intended use, in clean condition, or until the Customer certifies that the Product has been returned. Of the 2 times set out in present Section, the former shall be taken into account.

6.8 The Customer shall be liable for any depreciation due to the use of the Product in excess of its use to determine the nature and characteristics of the Product.

6.9 Rules applicable for returned products

Liability

7.1 Liability for breach of contract shall be governed, reasonably by the provisions of the Civil Code, provided that, except for deliberate breach of contract and injuries to human life, bodily injury or health, the extent of claim for damages shall be limited to the Compensation.

7.2 New York Dental disclaims any liability for:

7.2.1 damage caused by incorrect or incomplete data provision of the Customer;

7.2.2 damage caused by the behavior of the service providers of the links included on the Website or by advertising or promotion of third parties;

7.2.3 damages resulting from the Customer's conduct;

7.2.4 damages arising out of the conduct of New York Dental, or due to conduct, delay, or neglect of third parties.

7.3 New York Dental is under warranty for defective performance. The Customer shall, at its option, enforce a Product Warranty Claim against the Manufacturer or Distributor of the Product.

7.4 The detailed information regarding the warranty and product warranty is contained in the sample information sheet, which is an appendix to present GTC and is taken from the appendix to the Government Decree.

 

The scope of the Contract

8.1 The GTC shall enter into force on July 16th, 2014 and shall remain in force until it is revoked or another GTC is adopted.

8.2 New York Dental is entitled to unilaterally amend the GTC, which shall apply to contracts concluded after the modified GTC enters into force.

 

Miscellaneous provisions

9.1 New York Dental declares and warrants that the transfer of ownership of the Product to the Customer and its use by the Customer will not be prevented or impeded by the right of a third party.

9.2 Any notification or other communication between the Parties shall be primarily in writing. Such notification or communication shall be deemed to have been duly transmitted if sent to New York Dental at the address indicated in present GTC or to the Customer indicated at the time of registration. Date of delivery:

9.2.1 in the case of personal delivery, the date of receipt;

9.2.2 in the case of registered postal items with acknowledgment of receipt, the date of receipt on the acknowledgment of receipt, or 5 (fifth) day after the first unsuccessful attempt at delivery;

9.2.3 in the case of telefax or other similar telecommunication transmissions (with delivery report), the working day on which such delivery (transmission) takes place. When the fax notification or delivery is on a business day after 5:00 pm or on a non-business day, the notice shall be deemed to have been received on the following business day at 9:00 am.

9.3 Complaints about the Products or the conduct of New York Dental will be received via the contact email address or contact telephone number. New York Dental is required to investigate complaints within 15 (fifteen) days and respond in the same manner. A response posted within 15 (fifteen) days shall be deemed to be a response within the deadline. With the complaint, the Customer shall be entitled to contact the following supervisory bodies:

9.3.1 Budapest Capital XIII. District Municipal Notary (1139 Budapest, Béke tér 1.; telephone: 06/80/200-306)

9.3.2 Budapest Capital Government Office Consumer Protection Directorate (1052 Budapest, Városház u. 7; telephone 06/1/4502598)

9.4 The Parties shall endeavor to settle any dispute in connection to or related to the GTC primarily through negotiation, and shall cooperate closely in the field of damage prevention and mitigation of damages. If the dispute cannot be settled by negotiation, the Parties shall, subject to the rules of jurisdiction in force at any time, submit to the jurisdiction of the Hungarian courts.

9.5 New York Dental declares that notwithstanding the provisions of Section 9.3.1. of present Agreement, the Customer may instead apply to the Budapest Arbitration Body under the Budapest Chamber of Commerce and Industry (address: 1016 Budapest, Krisztina krt. 99.).

9.6 The structure and numbering of the GTC, the titles of the individual chapters and sections are intended solely for the sake of clarity and overview, and do not affect the content of the GTC.

9.7 The language of communication between the GTC and the Parties shall be Hungarian, and any translation shall be for information purposes only.

9.8 If any provision of these GTC is declared invalid by a court or other authority having jurisdiction and competence, the invalidity of such provision shall not result in the invalidity of the entire GTC. The parts of the GTC not effected by the invalidity shall remain valid and enforceable, unless the Parties would not have concluded the GTC without the invalid provisions thereof. Unless the Parties replace the invalid provision with a valid provision, the provisions of the relevant legislation shall apply instead of the invalid provision.

9.9 New York Dental informs you that a code of conduct is not available.

9.10 The GTC and its interpretation, as well as any issues not regulated in the GTC, shall be governed by the relevant Hungarian legislation, in particular the provisions of the Civil Code, the E-commerce Act, the Privacy Act and the Government Decree.

9.11 New York Dental publishes the GTC on the Website, making it permanently searchable.

 

Appendix

1. Warranty

When can you exercise your right to a warranty claim?
In the event of a defective performance of New York Dental, you may enforce a civil warranty claim against New York Dental under the terms of the Civil Code.

What rights do you have under your warranty claim?
You have the option to enforce the following warranty claims:

1. You may request a repair or replacement unless it is impossible to meet the claim that you have selected or for New York Dental to incur a disproportionate additional cost to meet your other claim. If you did not request or may have not requested a repair or replacement, you may request a pro-rata reduction of the Consideration, or you may repair or have the defect repaired at New York Dental's expense, or you may terminate the contract at last.
2. You may switch from one warranty right to another, however you will bear the cost of the switch unless it was reasonable or New York Dental provided the reason.

What is the deadline for enforcing your warranty claim?
You are required to report the defect immediately after discovering the defect, 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 rights beyond the two-year limitation period from the conclusion of present contract.

Who can you enforce your warranty claim with?
You can enforce your warranty claim with New York Dental.

What are the other conditions for enforcing your warranty claims?
Within six months of the date of delivery, there is no requirement other than to file a defect claim if you certify that the product was provided by New York Dental. However, after six months from the date of delivery, it is your responsibility to prove that the defect you discovered was present at the time of delivery.

 

2. Product Warranty

When can you exercise your right to product warranty?
In the event of a defect in a tangible product, you may, at your option, assert your right as set out in Section 1 or claim product warranty.

What rights do you have under your product warranty claim?
Within the scope of product warranty, you may only request the repair or the exchange of the defective product.

When is a product considered defective?
A product is considered defective if it does not meet the quality requirements at the time it is placed on the market, or it does not comply with the quality description provided by the manufacturer.

Within what period can you exercise your rights related to product warranty?
You may exercise your rights related to product warranty within two years after the product was placed on the market. After this deadline you lose this right.

Against whom can you exercise your rights related to product warranty?
You may only exercise your rights related to product warranty against the manufacturer or the distributor of the tangible product. In case of product warranty claims, you are required to prove the defect of the product.

In what cases is the manufacturer (distributor) exempt from product warranty liability?
The manufacturer (distributor) shall only be relieved of product warranty obligation if it can prove that:
- the product was not manufactured or marketed in the course of its business, or
- when the product was placed on the market the defect could not be discovered due to the state of scientific and technical knowledge at the time, or
- the defect of the product is a result of administering any statute or official specification.

For exemption it is sufficient if the manufacturer (distributor) presents only one reason.
Please note that you may not validate material defect and product warranty claim for the same defect in parallel. However, in case your product warranty claim is successfully validated, you will be entitled to validate your product warranty claim against the manufacturer in respect of the exchanged product or the repaired part.

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