General Terms and Conditions

These General Terms and Conditions (hereinafter: GTC) set out the terms of use by the purchaser in the online store (hereinafter: Webshop) operated by the Service Provider on the website www.evolvens.hu, as well as by the user entering the website (hereinafter: User), and also the conditions for purchasing and concluding contracts in the Webshop operated by the Service Provider, together with the terms applicable to the legal relationship established on the basis of the contract.

The rules set out below in these General Terms and Conditions do not apply to other websites accessed through the www.evolvens.hu website, regardless of their nature, the services they provide or the identity of their operator. Furthermore, these General Terms and Conditions apply to all commercial transactions within the territory of Hungary that are concluded between the Parties defined in this contract.

Contracts concluded on the basis of these General Terms and Conditions are not filed; they are concluded exclusively in electronic form, do not qualify as written contracts, and are drawn up in Hungarian. If you have any questions regarding the operation of the Webshop or its ordering and delivery processes, we are at your disposal via the contact details provided.

The Service Provider does not submit to any code of conduct.

1. The Service Provider's data

Name of the Service Provider: Evolvens Group Kft. Registered office of the Service Provider: 1051 Budapest, Október 6. utca 24. 4th floor, door 5a E-mail address of the Service Provider for regular contact with users: info@evolvens.hu Customer service contact: info@evolvens.com Tax number: 14673111-2-43 Name of the registering authority: Company Court of the Budapest Surroundings Regional Court

Language of the contract: Hungarian

Name, registered office and e-mail address of the hosting provider: Shopify Inc. 50 Elgin Str. 8th floor Ottawa, Ontario K281L4 Canada. support@shopify.com

GENERAL provisions

For issues not regulated in these General Terms and Conditions, as well as for the interpretation of these General Terms and Conditions, Hungarian law shall apply, with particular regard to the provisions of Act V of 2013 on the Civil Code (hereinafter: Civil Code), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter: E-commerce Act), and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
This General Terms and Conditions shall be effective from 8 July 2019 and shall remain in force until withdrawn. The Service Provider reserves the right to unilaterally amend the GTC. The Service Provider shall inform the User(s) of the amendments, prior to their entry into force, via a system message displayed at login. By using the website(s), the User accepts that all regulations relating to the use of the website(s) shall automatically apply to him/her.
By accessing the website operated by the Service Provider, or reading its content in any way—even if not a registered user of the online store—the User acknowledges the terms and conditions as binding. If the User does not accept the terms, they are not entitled to view the content of the online store.
Only certain parts of the Webshop’s services are available to all Users without registration. Purchases in the Webshop can be made by placing an order electronically in the manner specified in these General Terms and Conditions, which, however, requires registration.
The Service Provider reserves all rights regarding the online store website, any part of it, and the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell the content or any part of it without the written consent of the Service Provider.
The website on which a link to the online store operated by the Service Provider is placed must not create the impression that the Service Provider recommends or supports the use or purchase of the service or product offered or marketed on the given website. The linking website must not contain false information about the online store operated by the Service Provider or the legal relationship between the Service Provider and the linking website. The Service Provider opposes any reference that harms the reputation and interests of the online store operated by the Service Provider.

All content (text, articles, product descriptions, information, these Terms and Conditions, etc., images, other information, and data) on the online store website operated by the Service Provider is the copyright of the Service Provider, unless otherwise stated, without spatial and temporal limitation. It is particularly prohibited to use, modify, or copy the content downloaded from the online store website for purposes other than purchasing from the online store, or to engage in other similar activities. In the event of a violation of the Service Provider's copyrights and other rights or a breach of this contract, immediate legal action will be taken against the infringer.

The Service Provider reserves the right to initiate proceedings before courts and other authorities against any person who, by using the Webshop operated by it, commits or attempts to commit an infringement. The Service Provider cannot be held liable for any infringement committed by a third party to the detriment of any User.

In the event of any infringement of the law related to the use of the website or the website itself, or any prejudice to the interests of the Service Provider, the Service Provider shall be entitled to suspend the User’s registration with immediate effect and to delete their personal and other data as well as their registration. However, the data may continue to be processed for the purposes of proceedings related to the infringement or prejudice to interests. The Service Provider is not obliged to notify the User of the suspension of registration or of the steps taken in connection with the deletion of the User’s personal and other data or registration.

2. Range of purchasable products and services

The products displayed in the Webshop can only be ordered online. The prices displayed for the products are in Hungarian forints, include the statutory value added tax, but do not include the cost of delivery. No separate packaging fee is charged.
In the Webshop, the Service Provider displays the product name, description and a photo of the products. The images displayed on the product data sheets may differ from reality and may be for illustration purposes only. We do not accept liability for any differences between the images displayed in the Webshop and the actual appearance of the product.
The Service Provider reserves the right to change the prices of products available for order on the website, with the modification taking effect simultaneously with its appearance on the website. The modification does not adversely affect the purchase price of products already ordered.
In the event of an incorrect price, the Service Provider is not in a position to accept the order (the User’s offer) at the incorrect price and is not obliged to sell the product at the incorrect price. No contract is concluded between the User and the Service Provider in the event of an offer made at an incorrect price. If the User makes an offer at an incorrect price, the system sends an automatic confirmation; however, this shall not be deemed acceptance of the offer by the Service Provider. In the event of an offer (order) made at an incorrect price, a representative of the Service Provider will draw the User’s attention to the correct price and may offer to conclude the contract at the correct price. The User is not obliged to make an offer or conclude a contract at the correct price communicated by the Service Provider’s representative instead of the incorrect price. In this case, no contract is concluded between the parties.
If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.

3. Order/PURCHASE process

The Service Provider draws the User’s attention to the fact that by placing the product they wish to purchase in the “Cart” and clicking on the “Order” button, the User incurs a payment obligation.
On this platform, the User also has the opportunity to subscribe to the Service Provider's newsletter by ticking the checkbox. Subscription to the newsletter is voluntary. By subscribing, the User expressly agrees to receive informational and explicitly promotional content at the email address provided at intervals determined by the Service Provider.

The User may unsubscribe from the newsletter at any time in the “Newsletter subscription and unsubscription” menu created for this purpose on the website, or by clicking on the “Unsubscribe” link at the end of each newsletter.

The User is solely responsible for keeping their access data (in particular their password) confidential. If the User becomes aware that an unauthorised third party may have gained access to the password provided during registration, they must immediately change their password and, if it can be assumed that the third party is misusing the password in any way, they must simultaneously notify the Service Provider.
The User undertakes to update the personal data provided during registration as necessary to ensure they are timely, complete, and accurate.
The User sets the quantity of the product(s) they wish to purchase.
The User places the selected products in the cart. The User can view the contents of the cart at any time by clicking on the “view” icon.
If the User wishes to add more products to the cart, they select the “continue shopping” button. If they do not wish to purchase additional products, they check the quantity of the product they intend to buy. By clicking on the “delete – X” icon, they can delete the contents of the cart. After finalizing the quantity, the contents of the cart are updated automatically. If this does not happen, the User clicks on the “refresh/update cart” icon. Once the User has selected the product(s) they wish to purchase, they can buy them by clicking on the “proceed to checkout” icon.
The User selects the delivery address, then the method of collection/shipping/payment, which may be of the following types:
Payment methods:
OTP Simple (MasterCard, Visa, American Express): If you wish to settle the value of the order at the time of ordering, please choose the “OTP Simple” payment method.
Bank transfer payment option: after ordering, we will send a pro forma invoice with the necessary bank details.
The Webshop may, during certain periods or on certain occasions selected by it, offer the possibility of discounted purchases in the form of coupons. In such promotions, the purchase price of the product may be paid in part or in full on the online interface by entering the coupon details. The coupon code must be entered in the appropriate field at the time of payment, when placing the order, within its validity period and in accordance with its terms of use. Only one coupon can be redeemed per order; coupons cannot be combined. Further details of the terms of use of coupons are set out in the conditions of the current coupon promotion.
Methods of collection/shipping:
Home delivery by courier service: In the case of delivery by courier – provided that the selected product(s) are in stock – the User may choose a delivery date during the ordering process. In all other cases, the User will be notified by e-mail or telephone of the delivery date or the expected delivery date. For the delivery method of home delivery by courier service, the webshop may charge a handling fee, about which it will inform the User on the website during the ordering process.
Personal pickup.
In the User’s own interest, and in order to facilitate proof at a later stage, the User is obliged, at the time of delivery, to check the integrity of the package and, in the case of personal collection, to check the quantity of the product(s), and to sign the acknowledgement of receipt. In the event of damaged packaging, the defect(s) must be recorded on site in a report. The integrity of the product(s) must also be checked upon receipt, and in the event of a shortage in quantity or damaged product(s), it is also advisable to record the shortage or defect(s) in a report on site. In order to ensure the unproblematic acceptance of complaints due to quantity discrepancies or damage, it is advisable to make a video recording of the opening of the package, on which it is clearly visible in good quality that the package was unopened at the start of the recording and that the recording shows the entire contents of the package without cuts.
If the delivery of the package containing the product(s) is unsuccessful, the carrier will leave a notice and will attempt to redeliver the package at most once. Delivery takes place on working days between 8 a.m. and 5 p.m. The buyer is obliged to provide a delivery address where they are available during the delivery interval.

By accepting the General Terms and Conditions, the buyer undertakes a payment obligation for the ordered products. If they fail to fulfil this obligation by not accepting the product, the resulting shipping cost of HUF 2,500 shall be borne entirely by the buyer.

All cases are exempted from the above where the customer is unable to receive the package due to an error caused by the courier service.
In addition to the general delivery rules set out in this GTC, for certain products ordered via the webshop, some delivery conditions, discounts or costs may differ as follows:
If an error or deficiency occurs in the Webshop in respect of the products or prices, the Service Provider reserves the right to correct it. In such a case, after the error is detected and corrected, we will immediately inform the customer of the new data. The User may then reconfirm the order, or either party may withdraw from the contract.
The final amount payable includes all costs based on the order summary and confirmation email. The package includes the invoice, information on the right of withdrawal, and the warranty letter. It is advisable for the User to inspect the package in the presence of the courier and request a report in case of any damage to the product(s) or packaging; the User is not obliged to accept the package if damaged. Deliveries are made on working days between 8 am and 5 pm.
After providing the data, the User can send their order by clicking on the “order” button, but before doing so they can once again check the data provided and may also send a comment with their order or indicate any other request related to the order to us by e-mail.
Correction of data entry errors: Before completing the order process, the User can always return to the previous phase to correct the entered data.
After sending the order, the User will receive a confirmation by e-mail. If this confirmation is not received by the User within a reasonable period of time from the sending of the order, depending on the nature of the service, but no later than within 48 hours, the User shall be released from the obligation to make an offer or from any contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider and the User respectively when it becomes available to them. The Service Provider excludes its liability for confirmation if the confirmation is not received in time because the User has provided an incorrect e-mail address during registration or is unable to receive messages due to the storage space associated with their account being full.
The Service Provider shall confirm receipt of the order sent by the User (offer to conclude a contract) to the User by e-mail within 48 hours at the latest. This confirmation e-mail shall contain the data provided by the User during the ordering process, the order ID, the date of the order, the Service Provider’s bank account number, the name of the Service ordered and the fee for the Service. This confirmation e-mail merely informs the User that their order has been received by the Service Provider.
Conclusion of the contract: The contract is concluded upon receipt of the confirmation from the distributor containing a specific date. In addition to the automatic confirmation e-mail, the Service Provider shall send the User an e-mail (separate acceptance e-mail) within 48 hours, by which it accepts the User’s offer, includes a specific date for delivery, and thus the contract is concluded upon receipt of the separate e-mail from the Service Provider accepting the offer, and not upon receipt of the automatic confirmation e-mail of the order within 48 hours.
The contract between the parties is concluded as follows after the complete filling out of the order and verification of the entered data:
In case of delivery:
Upon receipt of a separate notification e-mail sent by the Webshop, in which it informs the User that the package has been handed over to the courier service and of the expected date of delivery or collection. The e-mail sent by the Webshop to the User at this stage is not the same as the automatic confirmation e-mail sent in response to the order. The latter merely informs the User that the order has been received by the Webshop.

4. PROCESSING AND FULFILMENT OF ORDERS

Orders are processed during opening hours. Orders may also be placed outside the times indicated for order processing; if an order is placed after business hours, it will be processed on the following day.
The general performance deadline is within 25 working days from confirmation. If the Service Provider and User have not agreed on the time of performance, the Service Provider must perform according to the contract within the time specified in the User's request, or in the absence of a request, within thirty days from the receipt of the order by the Service Provider.
If the Service Provider does not fulfil its contractual obligation because the product specified in the contract is not available, it shall inform the User thereof without delay and shall refund the amount paid by the User without delay, but no later than within thirty days. Fulfilment of this obligation does not exempt the Service Provider from the other consequences of its breach of contract.
The essential properties and characteristics of the products offered in the Webshop can be found on the information page of the specific products. The product information on the Webshop’s website has been uploaded in good faith, but is for information purposes only. If you have any questions about a product before purchasing, please contact our customer service using the contact details provided in Section 1 (SERVICE PROVIDER’S DATA) of the GTC. If the product you wish to order is not available at the time the order is placed, and the product cannot be procured and the order fulfilled within thirty days, the Service Provider reserves the right not to accept the order for the goods; in this case no contract is concluded and the User will be notified. Any payment already made in this regard will be refunded to the User by the Service Provider without delay. If the order includes several products and the Service Provider is unable to procure and deliver one of them within thirty days, partial fulfilment may only take place after consultation with the User.

5. RIGHT OF WITHDRAWAL

Under the regulation of the European Parliament and Council Directive 2011/83/EU, as well as Government Decree 45/2014 (II.26.) on detailed rules for contracts between consumers and businesses, the User may withdraw from the contract without justification within 14 calendar days from receiving the ordered product. Without this notice, the User is entitled to exercise their right of withdrawal for up to 1 year.
The withdrawal period expires 14 days after the day on which the User or a third party other than the carrier and indicated by the User acquires physical possession of the product.
The deadline for exercising the User’s right of withdrawal set out in point 6.2 does not affect the User’s right to exercise their right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product; the User may exercise their right of withdrawal during this period as well.
The cost of returning the product shall be borne by the User; the business does not assume this cost.
When exercising the right of withdrawal, the User shall not bear any costs other than the cost of returning the product, but the Service Provider may claim compensation for any material damage resulting from improper use or use exceeding the extent necessary for testing. However, if a contract for the provision of services is concluded between the User and the Service Provider and the User exercises their right of termination after the commencement of performance, they shall be obliged, in the course of settlement, to reimburse the Service Provider’s reasonable costs.
The User is not entitled to a right of withdrawal in respect of a non-prefabricated product that has been produced on the basis of the consumer’s instructions or at their express request, or in respect of a product that has been clearly personalised for the consumer.
The consumer is likewise not entitled to exercise the right of withdrawal
In the case of a contract for the provision of services, after the performance of the service in full, if the business has begun performance with the consumer’s express prior consent and the consumer has acknowledged that they will lose their right of termination once the service has been fully performed;
In respect of a product or service the price or fee of which depends on fluctuations in the financial market which cannot be controlled by the business and which may occur during the period for exercising the right of withdrawal;
Regarding perishable products or those with a short shelf life;
In respect of a sealed product which, for health protection or hygiene reasons, cannot be returned after it has been unsealed following delivery;
In respect of a product which, by its nature, becomes inseparably mixed with another product after delivery;
In respect of alcoholic beverages whose actual value depends on market fluctuations beyond the control of the business, and whose price was agreed upon by the parties at the time of conclusion of the sales contract, but where performance of the contract can only take place after the thirtieth day from the conclusion of the contract;
In the case of a contract for services where the business visits the consumer at the consumer’s express request in order to carry out urgent repair or maintenance work;
Regarding the sale of sealed audio or video recordings and computer software copies, if the consumer has unsealed the packaging after delivery;
In the case of newspapers, periodicals and magazines, with the exception of subscription contracts;
In the case of contracts concluded at a public auction;
In the case of a contract for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities, where a specific date or period of performance is stipulated in the contract;
Regarding digital content not supplied on a tangible medium, if the business has started performance with the consumer's express prior consent and the consumer has acknowledged that they lose their right of withdrawal once performance has begun.

In accordance with the above legislation, the Service Provider shall, without undue delay but no later than 14 days from becoming aware of the withdrawal, refund to the User the amount paid as consideration for the purchased product, including the cost of delivery of the product (except for any additional costs resulting from the User choosing a mode of transport other than the least expensive usual mode of transport offered by the Service Provider).
During the refund, the Service Provider uses the same payment method as in the original transaction, unless the User expressly consents to another payment method; no additional costs are incurred by the User due to this refund method. The Service Provider declares that it considers the User's express consent if the User specifies a bank account number at a financial institution for the refund of the amount paid for the purchased product.
The Service Provider may withhold the refund until the User has returned the product, or the User has provided clear proof that it has been sent back, whichever is the earlier date.
The User is obliged to return the product to the Service Provider without undue delay, immediately, but no later than within 14 days from sending the notification of withdrawal from the contract to the Service Provider. The Service Provider declares that when the User exercises their right of withdrawal, it will only take back the product in its original packaging and original condition.
The User shall be deemed to have complied with the deadline if they send back or hand over the product(s) to the Service Provider before the expiry of the 14-day period.
In the case of the sale of several products, where the individual products are delivered at different times, the User may exercise the right of withdrawal within 14 days from the date of receipt of the last product supplied, or, in the case of a product consisting of several lots or pieces, from the date of receipt of the last lot or piece.
The User shall only be liable for any diminished value of the goods if this results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If the above is proven, the Service Provider may claim compensation for the depreciation specified in this point.
If the User wishes to exercise their right of withdrawal, they can indicate this in writing (even using the form attached to these Terms and Conditions) or by phone at any of the Service Provider's contact details. In the case of a written notification by post, the date of posting is considered, and in the case of a notification by phone, the date of the phone notification is considered. In the case of a postal notification, the Service Provider accepts notification as a registered mail or package. The User can return the ordered product by post or with the help of a courier service to the Service Provider.
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses is available (in Hungarian) here.
The European Parliament and Council Directive 2011/83/EU is available here.
The User may also contact the Service Provider with any other complaint using the contact details set out in these General Terms and Conditions.
To exercise their right of withdrawal, the User may also use the model withdrawal statement attached as an annex to these General Terms and Conditions, which, in accordance with the applicable legislation, must contain at least the following data:

Sample withdrawal statement

Addressee:

I, the undersigned, declare that I am exercising my right of withdrawal regarding the sale of the following product(s) or the provision of the following service(s):

Date of conclusion of the contract / date of receipt:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only in the case of a statement made on paper)

Order number:

Bank account number:

Dated:

The right of withdrawal does not apply to a User acting within their profession, independent occupation, or business activity.

Please enclose the following document with the returned package:

Return Form

6. Warranty

In the case of a guarantee, during its term the Service Provider is obliged to be liable for defective performance under the conditions set out in the legal statement or legislation giving rise to the guarantee. The guarantee does not affect the User’s rights arising from law (such as rights relating to accessory warranty). The Service Provider shall be exempt from its guarantee obligation if it proves that the cause of the defect arose after performance.
In the case of a contract concluded with a consumer, a warranty obligation applies to new durable consumer goods listed in Annex 1 to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods, for a period of one year. Warranty claims may be enforced within the warranty period; failure to meet the deadline results in loss of rights.
The consumer may enforce their warranty rights with the warranty card received at the time of purchase or, in its absence, with the document certifying the purchase (conclusion of the contract).

7. Warranty for defects

The Service Provider performs defectively if the service does not meet the quality requirements established in the contract or by law at the time of performance.
The Service Provider is exempt from its warranty obligations if the User knew of the defect at the time of the conclusion of the contract, or should have known of the defect at the time of the conclusion of the contract.
The Service Provider is liable for defective performance with a warranty. The User's warranty claim expires within two years from the time of performance, while other Users not considered consumers have one year. If the contract with the User concerns a used item, the limitation period is one year. The User can assert their warranty rights as a defense against a claim arising from the same contract, even if the warranty claim has expired.
On the basis of accessory warranty, the User may, at their choice:

may request repair or replacement, except if
the fulfillment of the chosen warranty right is impossible,
or if it would result in disproportionate additional costs for the Service Provider compared to the fulfilment of another accessory warranty claim, taking into account the value of the service in a faultless state, the seriousness of the breach of contract and the damage to the interests of the obligee caused by the fulfilment of the accessory warranty right;
or request a proportional reduction in the consideration, repair the defect at the Service Provider's expense, have it repaired by someone else, or withdraw from the contract—except for minor defects—if the Service Provider has not undertaken the repair or replacement, cannot fulfill the repair or replacement obligation within the appropriate deadline, or if the User's interest in repair or replacement has ceased.
The User may switch from the chosen warranty right to another. The User shall bear the cost of such switching, unless the switching was justified by the Service Provider or was otherwise justified.
The User must notify the Service Provider of the defect without delay after discovering it. In the case of a User, a defect reported within two months of its discovery is considered reported without delay. The User is responsible for any damage resulting from the delay in reporting.
The costs related to the performance of the warranty obligation shall be borne by the Service Provider. However, if the User’s failure to fulfil their maintenance obligation also contributed to the defect of the item, the User shall bear the costs incurred in connection with the performance of the warranty obligation in proportion to their contribution, provided that they had the necessary knowledge regarding the maintenance of the item, or the Service Provider fulfilled its obligation to provide information in this respect.

The consumer can enforce their warranty rights if they can prove the contract's conclusion. If the Service Provider disputes the fact of the contract's conclusion, the User must be informed of their complaint options.

8. Product warranty

The provisions in this section apply exclusively to consumer contracts.
If the product sold by the Service Provider to the User is defective, the User may require the manufacturer (the manufacturer is deemed to be both the producer and the distributor of the product) to repair the defect in the product or, if repair within an appropriate period of time is not possible without prejudice to the Consumer’s interests, to replace the product. The manufacturer is liable for product warranty for two years from the date on which the product was placed on the market by them. The expiry of this period results in loss of rights.
A product is defective if it does not meet the quality requirements in force at the time it was placed on the market by the manufacturer, or if it does not possess the characteristics specified in the description provided by the manufacturer.
The manufacturer shall be released from the product warranty obligation if it proves that
the product was not manufactured or distributed by them in the course of their business activity or independent professional activity;
at the time the product was placed on the market, the defect could not be detected in light of the state of scientific and technical knowledge; or
the defect in the product was caused by the application of a legal or mandatory regulatory requirement.
In the case of replacement, the manufacturer is liable for the accessory warranty for the replaced product, and in the case of repair, for the part of the product affected by the repair.
After discovering the defect, the User is obliged to notify the manufacturer of the defect without delay. A defect reported within two months of its discovery shall be deemed to have been reported without delay. The Consumer shall be liable for any damage resulting from delayed notification.

9. Procedure to be followed in the event of a warranty claim
In the contract between the User and the Service Provider, the parties may not deviate from the provisions of the Decree to the detriment of the consumer.
It is the User’s obligation to prove the conclusion of the contract (with an invoice or even just a receipt).
The Service Provider is obliged to draw up a report on the warranty or guarantee claim submitted by the User.
A copy of the report must be made available to the User without delay, in a verifiable manner.
If the Service Provider is unable to make a statement on the fulfilment of the User’s warranty or guarantee claim at the time it is reported, it shall inform the User of its position – including the reasons for any rejection of the claim and the possibility of recourse to a conciliation body – within five working days, in a verifiable manner.
The Service Provider is obliged to retain the record for three years from its creation and present it upon request to the supervisory authority.
The Service Provider shall strive to complete the repair or replacement within a maximum of fifteen days.

10. Miscellaneous provisions

The Service Provider is entitled to use a contributor to fulfil its obligations. The Service Provider bears full liability for the unlawful conduct of such contributor as if it had committed the unlawful conduct itself.
If any part of these General Terms and Conditions becomes invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness or enforceability of the remaining parts.
If the Service Provider does not exercise any right to which it is entitled under these General Terms and Conditions, the failure to exercise such right shall not be deemed a waiver of that right. Any waiver of any right shall only be valid if it is expressly made in writing. The fact that the Service Provider does not insist on strict compliance with any material condition or provision of these General Terms and Conditions on one occasion does not mean that it waives its right to insist on strict compliance with that condition or provision in the future.
The Service Provider and User will attempt to resolve their disputes amicably.
Purchasing on the Service Provider's website presupposes the User's knowledge and acceptance of the possibilities and limitations of the internet, particularly regarding technical performance and potential errors.
With regard to damages caused by breach of contract, the Service Provider applies the following provisions in these General Terms and Conditions. Pursuant to Section 6:142 of the Civil Code [Liability for damages caused by breach of contract], “A person who causes damage to the other party by breaching the contract shall be obliged to compensate such damage. They shall be exempt from liability if they prove that the breach of contract was caused by a circumstance beyond their control, which was not foreseeable at the time of the conclusion of the contract, and it could not be expected that they avoid the circumstance or prevent the damage.” Pursuant to Section 6:143 of the Civil Code [Extent of compensation for damages], “(1) Damages shall cover the loss caused in the subject of the service. (2) Any other loss caused in the assets of the obligee and loss of profit resulting from the breach of contract shall be compensated to the extent that the obligee proves that the damage, as a possible consequence of the breach of contract, was foreseeable at the time of the conclusion of the contract. (3) In the case of intentional breach of contract, the obligee’s entire loss shall be compensated.”

The User bears full and unlimited liability for any damage resulting from the provision or publication on the Service Provider’s website of another person’s personal data. In such cases, the operator will provide all possible assistance to the competent authorities in order to establish the identity of the infringing person.

The User is obliged to respect the applicable laws and, when using the Website, must refrain from any activity that is unlawful or infringes the interests of other Users. In particular, the User shall:

- respect the privacy, personal rights, and legitimate interests of others;

- refrain from collecting information about other persons without authorization and from using any information obtained without authorization;

- refrain from committing crimes or offenses;

- respect the rights related to intellectual creations, particularly the rules on the protection of literary, scientific, and artistic works, inventions, designs, utility models, trademarks, and trade marks under copyright protection.

All Users are obliged to refrain from any activity that hinders the proper use of the Website. In particular, the User shall:
refrain from sending unsolicited emails (“spam”) or chain letters (“hoax”);
refrain from any communication that may hinder or disturb others in the proper use of the Website;
refrain from making inappropriate, repetitive, or otherwise disruptive statements in public communication.

12.7. All Users must refrain from any activity that harms the interests of the service provider. In particular, the User must:

refrain from disrupting or obstructing the operation of the Website;
refrain from any activities aimed at obtaining or using the Service Provider’s business secrets or information kept confidential by the Service Provider;
refrain from any communication that contains false information about the service;
refrain from any activity that endangers the IT security of the Website;
refrain from any activity aimed at advertising one's own or another person's product or service.
In addition to the above, the Service Provider may impose further restrictions, which will be communicated to Users. The Service Provider assumes no responsibility for damages resulting from the violation of these restrictions.

If the User breaches any provision of these General Terms and Conditions, the Service Provider is entitled to suspend or delete the User’s registration. If proceedings are initiated due to the infringement, the Service Provider may, in accordance with the legislation applicable to the given proceedings, transfer to the acting authorities the data relating to the User that became known to it during registration.
Before suspending or deleting the registration, the Service Provider will call on the User to cease the objectionable behavior or prove that the behavior does not violate the Terms of Use. Notification may be omitted if the delay would result in irreparable damage or obvious legal infringement.
Anyone whose rights or legitimate interests are harmed by the User's activity—especially a person whose personal rights are violated, a victim of a crime or offense, or the holder of intellectual property rights—may request the Service Provider to remove the objectionable content and take necessary measures against the User. The applicant must properly prove their entitlement. If entitlement is proven, the entitled party may request the Service Provider to block the infringing content for future proceedings. In this case, the entitled party must prove the initiation of proceedings within 60 days. The Service Provider will provide the blocked content and related data stored by the Service Provider to the acting authority in accordance with the applicable laws for the authority and proceedings.

12. Complaint handling procedure

The Service Provider aims to fulfill all orders with appropriate quality to the complete satisfaction of the customer. If the User has any complaints regarding the contract or its performance, they can communicate their complaint via the above email address or by letter. The address, phone number, and email address for submitting complaints and maintaining contact are the same as the customer service contact details listed in these Terms and Conditions.
The Service Provider maintains only an automated telephone customer service, and the User can find a description of its use on the Service Provider’s website. The automated telephone customer service system is operated by IP-Telekom Korlátolt Felelősségű Társaság (registered office: 1047 Budapest, Károlyi István utca 10., company registration number: Cg.01-09-962358).
The User may submit a complaint to the Service Provider orally (exclusively via the Service Provider’s automated telephone customer service) or in writing, using the contact details set out in these General Terms and Conditions. A request by the User for information or a position regarding the operation or activities of the Service Provider’s website does not qualify as a complaint.
The Service Provider shall assign a unique identification number to verbal complaints made via the automated telephone customer service or using an electronic communications service.
The report drawn up on the complaint shall contain the data prescribed by Act CLV of 1997 on Consumer Protection.
The Service Provider shall examine and, if necessary, remedy verbal complaints recorded in the automated telephone customer service system without delay, but no later than on the working day following receipt of the complaint. If the User does not agree with the handling of the complaint or if the immediate investigation of the complaint is not possible, the Service Provider shall immediately draw up a report on the complaint and its position regarding it, and a copy of this report
In the case of an oral complaint communicated by telephone or using another electronic communications service, the Service Provider shall send the response to the User at the latest together with the substantive reply to the complaint.
The Service Provider shall respond to written complaints in writing within 30 days – unless a directly applicable legal act of the European Union provides otherwise. If the complaint is rejected, the Service Provider shall give reasons for its position. A copy of the reply shall be kept for 5 years and presented to the supervisory authorities upon request.
The User can also submit a complaint to the Ministry of National Development:

Ministry of National Development

Registered office: 1011 Budapest, Fő utca 44–50.

Mailing address: 1440 Budapest, P.O. Box: 1.

Central telephone number: +36-1-795-1700

Fax number: +36-1-795-0697

Customer service office: 1011 Budapest, Fő utca 44-50.

Customer service telephone number: +36-1-795-6766; +36-1-795-3832; +36-1-795-6816

Customer service email: ugyfelszolgalat@nfm.gov.hu

On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation), the European Commission has established an online dispute resolution platform, which has been available since 15 February 2016 for both consumers and traders in the event of consumer disputes arising from online sales or service contracts.

The regulation directly applies to traders established in the Union and based in Hungary involved in online sales or service contracts if a consumer dispute arises in connection with the online sales or service contract concluded between them and the consumer.

To be able to use the online dispute resolution platform, you must first register in the system of the European Commission. After registering in the European Commission’s system, you can access the online dispute resolution platform here. ODR link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=HU

If the Service Provider does not handle the User's complaint or quality objection in accordance with the law, or commits another violation of consumer rights, the consumer may turn to the district office competent for their place of residence. The list and contact details of the district offices can be found here. In some cases (including certain violations affecting online stores), the proceedings are conducted by the district offices of the county seats, whose contact details are available here.
In case of a dispute with the Service Provider, the User may turn to the conciliation board competent for their place of residence. In the conciliation procedure, the Service Provider is obliged to participate and cooperate based on the relevant legislation. The list of conciliation boards is available here.

13. Data protection and data processing information

The Service Provider aims to ensure the highest possible level of protection of the personal data of Users registered on the website. The data processing information contained in these Terms of Use applies exclusively to the Webshop and does not apply to websites operated by third parties, even if such websites are directly accessible from the Webshop.
The Service Provider conducts its activities with respect for the privacy rights of its visitors and clients, in compliance with the relevant laws, particularly the Civil Code and the Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (hereinafter: Infotv.). Please note that providing personal data in the online store is voluntary, and by accepting the terms of use, the User consents to data processing. If the User acts on behalf of another person, it is their responsibility to obtain the consent of the affected person for the disclosure of their data. For declarations of incapacitated and partially incapacitated persons, the prior consent of the legal representative is required, except for data processing related to services aimed at transactions commonly occurring in everyday life.
Registration Data Processing
To use the services available in the Webshop, registration is required. The Service Provider processes the data provided during registration solely for the specific purpose of providing the service and maintaining contact with the Users, and only to the extent necessary, in accordance with legal requirements. The legal basis for data processing is the data subject’s consent. By providing their personal data and accepting these terms of use, Users consent to the Service Provider using their data for the purpose of providing the service. The Service Provider uses the personal data in its possession exclusively for the purpose known to the customer at the time the data is provided, does not transfer it to third parties and does not make it accessible to them without separate consent, and stores it separately and in encrypted form. If the User chooses delivery of products purchased in the Webshop by courier service, he/she consents to the Service Provider transferring the data necessary for delivery to the courier service. The data may be accessed by employees of the Webshop who are in an employment relationship with the company.
The purpose of data processing is to enable the Service Provider to fulfil the orders of the data subjects as buyers, and in the case of certain data, to enhance the User – customer experience, in particular by sending newsletters. The scope of data processed:

- name (first and last name),

- email address,

- home address, billing address

- telephone number.

Duration of data processing: until the deletion of the registration account is initiated by the data subject, in the case of purchase, for the mandatory retention period prescribed by law regarding billing data.
Product review
Users can write product reviews about the products they have purchased, which helps other buyers decide on purchasing the given product. Alongside the product review, users' usernames (abbreviated or unabbreviated first and last names) may appear. The legal basis for data processing is the consent of the data subject.
The purpose of data processing is to provide reliable information to other consumers and to enhance the user experience. Duration of data processing: until a request for deletion of the data or until the product in question is no longer marketed.
Certain services of the online store place a unique identifier, known as a cookie, on the user's computer. Cookies serve to facilitate the identification and authentication of Users, improving personalized service and services provided to Users. Personal data of Users are never stored in cookies. The product recommendation system on the website displays offers in categories based on pages previously visited by the User. By using the websites, the User agrees to the placement of cookies on their computer. Disabling cookie acceptance does not prevent the use of the online store's services.
If any User engages in behavior contrary to, incompatible with, or otherwise violating the terms of use, the Service Provider will initiate the identification of the User's client to commence necessary legal proceedings.
If Users do not log into the online store for ten years, the Service Provider will automatically delete their data and destroy the available data. Users can request the deletion or correction of their provided data at any time by sending a message to info@Evolvens.hu. In this case, the Service Provider cannot delete data that must be retained by law.
The Service Provider stores personal data electronically on the servers of the hosting provider. The Service Provider also stores billing data at its premises and at the place of its central administration (see address above). The Service Provider takes all reasonable IT and organizational measures to ensure the security of the processing of personal data and to prevent personal data from being accessed by unauthorized third parties.
The User may request information from the Service Provider by e-mail or by post about the processing of their personal data, the identity of the data processor, any possible data processor, the circumstances of data transfer, as well as other details of data processing, and may request the rectification or modification of their personal data or – with the exception of data processing ordered by law – their deletion. The information is free of charge, but in the case of repeated requests for information within one calendar year, the Service Provider reserves the right to charge an administrative fee.
The Service Provider is obliged to respond to the User’s request relating to data processing as soon as possible, but no later than within 25 days – and, in the event of rejecting the User’s request, to give reasons for its response. If the data subject does not agree with the decision or measure taken by the Service Provider, they may turn to a court against the decision or measure within 30 days from its communication.
In processing the data, the Service Provider acts with the utmost care, in full compliance with the provisions of the Information Act, treats the data confidentially and does not make them accessible to third parties, except where this is necessary for the enforcement of its rights arising from the contract, or where their transfer to data authorities is ordered by law, regulatory decision or court judgment.
With regard to the Service Provider’s data processing, you may seek legal remedy or lodge a complaint with the National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság) (Registered office: 1125 Budapest, Szilágyi Erzsébet fasor 22/c, Postal address: 1530 Budapest, Pf.: 5., Telephone: +36 (1) 391-1400).

14. Operation of the digital content, technical protection measures, compatibility with hardware and software.

The Service Provider guarantees 95% availability of the website annually. For the purpose of measuring availability, planned maintenance lasting no more than 1 working day is not considered downtime, provided that the Service Provider has informed the User of the time and expected duration in advance on the website.

The website is compatible with all types of browser software and operating systems. Communication with the website takes place via the HTTP protocol. Communication through the website is not encrypted, except for pages requiring personal data, which are provided with the HTTPS protocol. The website has an SSL certificate.
The website runs on Shopify.com servers.

The Service Provider reserves the right, in justified cases, to temporarily suspend the availability of any function for all Users – including, in particular, a network segment, nickname, e-mail address, etc. – or to permanently discontinue the provision of that function.

Budapest, June 13, 2025.

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