General Terms and Conditions

General Terms and Conditions (hereinafter: GTC) document contains the terms of use for the online store operated by the Service Provider on the website www.evolvens.hu (hereinafter: Web Store) for purchasers and users (hereinafter: Users) accessing the website, as well as the terms of purchase and contract formation in the Web Store operated by the Service Provider, and the conditions governing the legal relationship established based on the contract.

The rules defined in these GTC do not apply to other websites accessed through the website www.evolvens.hu, regardless of their nature, the services they provide, or the operator's identity. Furthermore, these GTC apply to all commercial transactions conducted within the territory of Hungary between the Parties defined in this agreement.

Contracts concluded under these GTC are not registered; they are concluded solely in electronic form, do not qualify as written contracts, and are written in Hungarian. For any questions regarding the operation of the Web Store, ordering, and delivery process, we are available at the provided contact information.

The Service Provider is not subject to any code of conduct.

Data of the Service Provider

Name of the service provider: Evolvens Group Ltd.

Registered office of the service provider: 1188 Budapest, Szigeti Kálmán utca 72/a

Contact information for the service provider, regularly used email address for communication with clients: info@evolvens.com

Customer service contact: info@evolvens.com

Tax number: HU14673111

Name of the authority registering the company: Budapest Metropolitan Court Company Registry

Language of the contract: English

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

1. General provisions

Issues not regulated in these GTC and the interpretation of these GTC are governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (hereinafter: Civil Code), Act CVIII of 2001 on certain aspects of electronic commerce services and information society services, and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant legislation apply to the parties without any specific agreement.
These GTC shall be effective from July 8, 2019, and shall remain in effect until revoked. The Service Provider reserves the right to unilaterally amend these GTC. The Service Provider shall inform Users of the amendments in a system message displayed at login before their entry into force. By using the website(s), the User accepts that all regulations regarding the use of the website(s) are automatically binding on them.
By entering the website operated by the Service Provider or reading its content in any way, including if they are not a registered user of the Web Store, the User acknowledges and accepts the provisions of these GTC as binding on themselves. If the User does not accept the terms, they are not entitled to view the content of the Web Store.
Only certain parts of the services of the Web Store are accessible to every User without registration. Purchasing in the Web Store is possible by placing an electronic order in the manner specified in these GTC, which, however, is subject to registration.
The Service Provider reserves all rights concerning the website of the Web Store, any part thereof, and the content displayed therein, as well as the distribution of the website. It is prohibited to download, electronically store, process, and sell any content or part thereof appearing in the Web Store without the written consent of the Service Provider.
A website on which a link to the Web Store operated by the Service Provider is placed must not give the impression that the Service Provider recommends or supports the use or purchase of services or products offered or marketed on that website. The linking website must not contain false information about the Web Store operated by the Service Provider or the legal relationship between the Service Provider and the linking website. The Service Provider opposes any use of links that harms the reputation and interests of the Web Store operated by the Service Provider.
The copyrights to all content (text, article, product description, information, these GTC, illustration, image, other information, and data) found on the website operated by the Service Provider (Web Store) belong to the Service Provider without spatial or temporal limitations unless otherwise specified. In particular, it is prohibited to use, modify, or copy content downloaded from the website of the Web Store operated by the Service Provider for purposes other than purchasing from the Web Store or to engage in similar activities. In case of infringement of the Service Provider's copyrights and other rights or breach of this agreement, the Service Provider initiates immediate legal action against the infringer.
The Service Provider reserves the right to initiate proceedings against any person who commits an infringement through the use of the Web Store operated by it or attempts to commit such infringement before courts and other authorities. 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 related to the use of the website or the website itself or if the Service Provider suffers any damage, the Service Provider is entitled to immediately suspend the User's registration, delete their personal and other data, and cancel their registration. However, the data may still be processed for the purpose of procedures related to infringement or damage. The Service Provider is not obliged to inform the User about the steps taken regarding the suspension of registration, deletion of personal and other data, or cancellation of registration.

2. Range of Purchasable Products and Services

The products displayed in the Web Store can only be ordered online. The prices displayed for the products are in Hungarian Forints and include the applicable value-added tax as required by law, but do not include the cost of delivery. There is no separate packaging fee charged.
The Service Provider provides detailed information about the product name, description, and displays photos of the products in the Web Store. The images displayed on the product pages may differ from reality and may be used for illustration purposes. We do not take responsibility for any discrepancies between the image displayed in the Web Store and the actual appearance of the product.
The Service Provider reserves the right to change the prices of the products available for order from the website, with the modification taking effect simultaneously with its appearance on the website. The modification does not adversely affect the purchase price of already ordered products.
In the event of an incorrect price, the Service Provider is not obligated to accept the order (the User's offer) at the incorrect price and is not required to sell the product at the incorrect price. No contract is concluded between the User and the Service Provider in the event of offering at an incorrect price. If the User makes an offer at an incorrect price, the system sends an automatic acknowledgment, but this does not constitute acceptance of the offer by the Service Provider. In the case of an offer (order) at an incorrect price, a representative of the Service Provider may draw the User's attention to the correct price and may offer to enter into a contract at the correct price. The User is not obliged to make an offer and enter into a contract at the correct price communicated by the representative of the Service Provider. In this case, no contract is concluded between the parties.
If a promotional price is introduced, the Service Provider fully informs Users about the promotion and its exact duration.

Ordering/Purchase Process

The Service Provider draws the User's attention to the fact that by placing a product in the "Cart" and clicking the "Order" button on the Web Store, the User incurs a payment obligation.
The User also has the option on this interface to subscribe to the Service Provider's newsletter by checking the checkbox. Newsletter subscription is voluntary. Upon subscription, the User expressly consents to receive informative and expressly promotional content to the email address provided by the Service Provider at intervals determined by the Service Provider.
The User can unsubscribe from the newsletter at any time on the website under the "Newsletter subscription and unsubscription" menu, or by clicking the "Unsubscribe" link at the end of each newsletter.
To submit the registration, the User must accept these GTCs by checking the checkbox on this interface and the information available on the data protection page.
Upon successful registration, the Service Provider informs the User by email, in which the User can review the data provided during registration using a summary interface.
After successful registration, the User can enter the Web Store by providing their login details (email address, password) under the "Login" menu at the top of the website. The User has the option for the website to save their login details so that they don't have to log in again next time by selecting the "Stay logged in" option.
The User is entitled to delete their registration at any time by sending an email to info@evolvens.com. Upon receipt of the message, the Service Provider is obliged to promptly delete the registration. The User's personal data is immediately removed from the system after deletion; however, this does not affect the preservation of data and documents related to already placed orders. After deletion, there is no way to restore the data.
The User is solely responsible for keeping their user access data (especially the password) confidential. If the User becomes aware that an unauthorized third party may have access to the password provided during registration, they are obliged to change their password immediately. If it is suspected that a third party may misuse the password, the User must notify the Service Provider immediately.
The User undertakes to update the personal data provided during registration as necessary to ensure that they are current, complete, and accurate.
The User sets the quantity of the product(s) to be purchased.
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 wants to add additional products to the cart, they select the "continue shopping" button. If the User does not want to buy additional products, they check the quantity of the product(s) to be purchased. By clicking on the "delete - X" icon, the User can delete the contents of the cart. After finalizing the quantity, the contents of the cart are automatically updated. If this does not happen, the User clicks on the "refresh/cart update" icon. If the User has selected the product(s) to be purchased, they can purchase them by clicking on the "proceed to checkout" icon.
The User selects the delivery address and then the delivery/payment method, which are as follows:

3. Payment methods:

Cash on delivery (payment in cash to the courier): If the User wishes to settle the order value upon receipt of the package, they should choose the "Cash on delivery" payment method. For cash on delivery, the webshop may charge an administration fee, which will be indicated to the User during the order process on the website.
For orders exceeding 100,000 HUF, cash on delivery payment is NOT possible. Above this amount, the order can ONLY be finalized after prepayment via OTP Simple or PayPal.
OTP Simple (MasterCard, Visa, American Express): If the User wishes to settle the order value at the time of ordering, they should choose the "OTP Simple" payment method.
PayPal: If the User wishes to settle the order value at the time of ordering, they should choose the "PayPal" payment method.

The Web Store may offer discounted purchasing opportunities in the form of coupons during certain periods or occasions selected by it. In the case of such promotions, partial or complete payment of the product purchase price can be made by entering the coupon data on the internet interface. The coupon code must be entered during payment, at the time of ordering, in the appropriate field, within the validity period and according to the conditions of use specified. Only one coupon can be redeemed for one order, and coupons cannot be combined. Other details of the conditions of use of the coupons are included in the terms of the current coupon promotion.

Delivery/Shipping Methods:

Home delivery via courier service: In the case of delivery by courier service – if the selected product(s) is/are in stock/available – the User can choose a delivery time during the order process. Otherwise, the User will receive notification of the delivery time or expected time by email or phone. For home delivery via courier service, the webshop may charge an administration fee, which will be indicated to the User during the order process on the website.
Personal pickup: There is no option for personal pickup of ordered products.
For the User's own benefit, to facilitate later proof, they are required to inspect the condition of the package, or in the case of personal pickup, the quantity of the product(s), at the time of delivery, and to sign the acknowledgment of receipt. In the event of damaged packaging, the damage(s) must be recorded in a report on the spot. The integrity of the product(s) must also be checked upon receipt, and in the case of quantity shortage or damaged product(s), it is advisable to record the shortage or damage(s) in a report on the spot. To ensure the trouble-free acceptance of complaints due to quantity or damage, it is advisable to make a video recording of the unpacking of the package, which clearly and unambiguously shows that the package was intact at the start of the recording, and the recording captures the entire contents of the package without interruption.
If delivery of the package containing the product(s) is unsuccessful, the carrier leaves a notification and then attempts redelivery of the package up to one more time. Deliveries are made on weekdays between 8 am and 5 pm. The buyer is obliged to provide a delivery address where they can be reached during the delivery window.
By accepting the General Terms and Conditions, the User undertakes to pay for the ordered products. If the User fails to fulfill this obligation by not accepting the product(s), the full shipping cost of 2,600 HUF will be borne by the buyer.
Exceptions to the above are made in cases where the buyer is unable to receive the package due to an error or omission by the courier service.
In addition to the general delivery rules described in these GTCs, certain delivery conditions, discounts, or costs may vary for individual products ordered through the webshop as follows:
In case of errors or deficiencies in the products or prices in the Web Store, the Service Provider reserves the right to make corrections. In such cases, after recognizing or modifying the error.

4. PROCESSING AND FULFILLMENT OF ORDERS

Order processing takes place during opening hours. Orders can also be placed outside the designated processing times; however, if it occurs after business hours, it will be processed on the following day.
The general delivery deadline is within 25 business days from the confirmation. If the Service Provider and the User have not agreed on the delivery time, the Service Provider is obliged to fulfill the contract within thirty days from the arrival of the order to the Service Provider, at the latest, or at the time specified by the User in the request, or within the timeframe specified in the request.
If the Service Provider fails to fulfill its obligations under the contract because the specified product is not available, they must immediately inform the User and refund the amount paid by the User promptly, but no later than within thirty days. The fulfillment of this obligation does not exempt the Service Provider from other consequences of breaching the contract.
The essential characteristics and features of the products offered in the Web Store can be found on the specific product information pages. The product information provided on the Web Store website is placed in good faith; however, it is for informational purposes only. If you have any questions about the product before purchasing, please feel free to contact our customer service using the contact information provided in Section 1. Service Provider Data of the GTC. If the product you wish to order is not available at the time of ordering, or if the procurement and fulfillment of the order is not possible within thirty days, the Service Provider reserves the right to not accept the order for the product. In this case, no contract is concluded, and the User will be notified. Any payment made in advance will be promptly refunded to the User. If the order involves multiple products and it is not possible to procure and fulfill one of them within thirty days, partial fulfillment will only occur after consultation with the User.

5. RIGHT OF WITHDRAWAL

Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (II.26.) on detailed rules for contracts between consumers and businesses, the User has the right to withdraw from the contract without giving any reason within 14 calendar days from the receipt of the ordered product and return the ordered product. In the absence of this information, the User is entitled to exercise the right of withdrawal for one year.
The deadline for exercising the right of withdrawal expires 14 days after the day on which the User or a third party other than the carrier indicated by the User takes possession of the product.
The deadline for exercising the right of withdrawal under point 6.2 does not affect the User's right to exercise the right of withdrawal between the conclusion of the contract and the receipt of the product. The User can exercise the right of withdrawal.
The User bears the cost of returning the product; the company does not bear this cost.
In the event of exercising the right of withdrawal, the User shall not be liable for any costs other than the cost of returning the product. However, the Service Provider may claim compensation for any damage resulting from the use of the product beyond what is necessary to establish the nature, characteristics, and functioning of the product. However, if a service contract is concluded between the User and the Service Provider, and the User exercises the right to withdraw after the start of performance, the User shall reimburse the Service Provider's reasonable costs during the settlement.

The right of withdrawal does not apply to the User in the case of:

the sale of goods made to the User's specifications or clearly personalized;
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days, and the actual value of which depends on fluctuations in the market which cannot be controlled by the company;
contracts where the consumer has specifically requested a visit from the Service Provider for urgent repair or maintenance work;
the sale of sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery;
newspapers, periodicals, or magazines, with the exception of subscription contracts;
contracts concluded at a public auction;
for accommodation services other than for residential purposes, transportation, car rental services, catering, or services related to leisure activities if the contract specifies a specific performance date or deadline; for digital content provided on non-tangible media if the Service Provider started the performance with the express consent of the consumer and the consumer acknowledged that they would lose their right of withdrawal after the performance started.
In accordance with the above regulations, the Service Provider shall refund the amount paid by the User for the purchased product as consideration for the withdrawal, including the cost of delivering the product, within 14 days from the date of receipt of the notification of withdrawal, at the latest (excluding any additional costs arising from the fact that the User has chosen a delivery method other than the cheapest standard delivery offered by the Service Provider). The Service Provider shall use the same means of payment for the refund as the User used in the original transaction, unless the User has expressly agreed otherwise; the User shall not incur any fees as a result of the refund method used. In this regard, the Service Provider declares that it considers the User's express consent to be given if the User specifies a bank account number held at a bank in the User's name as the refund method for the amount paid for the purchased product.
The Service Provider may withhold the refund until the product is returned by the User or the User has indisputably demonstrated that it has returned the product; the earlier of the two dates shall be taken into account.

The User shall return the product to the Service Provider without undue delay, but no later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider. The Service Provider declares that when exercising the right of withdrawal, the User shall return the product only in its original packaging and condition.
The User shall meet the deadline if they return or hand over the product(s) to the Service Provider before the 14-day period expires.
In the case of the purchase of multiple products, if the delivery of individual products takes place at different times, the User may exercise the right of withdrawal within 14 days from the receipt of the last product delivered or, in the case of a product consisting of multiple items or pieces, within 14 days from the receipt of the last item or piece delivered.
The User is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods. If the above is proven, the Service Provider may demand reimbursement for the depreciation as specified in this section.

If the User wishes to exercise the right of withdrawal, they may notify the Service Provider in writing at any of the contact details provided in these GTC or by phone. In the case of written notification by post, the time of posting shall be taken into account, and in the case of notification by phone, the time of the phone call. In the case of notification by post, the Service Provider accepts notification as a registered letter or parcel. The User may return:

Withdrawal Statement Template

Recipient:

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

Date of contract conclusion / date of receipt:

Name of the consumer(s):

Address of the consumer(s):

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

Order number:

Bank account number:

Date:

The right of withdrawal does not apply to consumers who act within the scope of their profession, independent occupation, or business activity.

Please attach the following document to the returned package:

Return Form

6. WARRANTY

In the case of a warranty, during its duration, the Service Provider is obliged to remedy the defective performance in accordance with the conditions set forth in the declaration of warranty or in the law. The warranty does not affect the consumer's rights arising from statutory provisions (such as statutory warranty). The Service Provider is released from the warranty obligation if it proves that the cause of the defect arose after the performance.

Pursuant to Government Decree No. 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods sold under a consumer contract, warranty obligation extends to new durable consumer goods listed in Annex 1 of the Decree, with a duration of one year. Warranty claims can be asserted within the warranty period, and failure to meet this deadline leads to forfeiture of rights. The consumer can assert their warranty right with the warranty certificate received at the time of purchase or, in its absence, with the document confirming the purchase (contract).

7. Statutory Warranty

The Service Provider fails to perform properly 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 warranty obligations if the User knew about the defect at the time of concluding the contract or if the defect should have been known at that time. The Service Provider is responsible for defective performance under statutory warranty. The consumer's statutory warranty claim expires within two years from the time of performance, while the statutory warranty claim of other users (not considered consumers) expires within one year from the time of performance. If the subject of the contract with the consumer is a used item, the limitation period is one year. The consumer can assert their statutory warranty rights as an objection against the same claim arising from the contract, even if the statutory warranty claim has expired.

Based on their statutory warranty claim, the consumer may choose to:

demand repair or replacement, unless:

the chosen statutory warranty right is impossible to perform, or
compared to fulfilling another statutory warranty claim, it would result in disproportionate additional costs, taking into account the value of the service in perfect condition, the severity of the breach of contract, and the harm caused to the claimant by fulfilling the statutory warranty claim;

or demand a proportionate reduction in the remuneration or undertake the repair themselves at the expense of the Service Provider, or have it repaired by a third party, or withdraw from the contract – except for minor defects – if the Service Provider has not undertaken repair or replacement within the deadline corresponding to its repair or replacement obligation and cannot meet it within the deadline, taking into account the interests of the User; the User's interest in repair or replacement has ceased.

The User may switch to another chosen statutory warranty right. The Service Provider must reimburse the costs incurred by the switch, unless the Service Provider caused the switch or it was otherwise justified.

The User must promptly notify the Service Provider of the defect after its discovery. In the case of consumers, a defect reported within two months of discovery shall be deemed to have been reported without delay. The User is responsible for any damage resulting from delayed notification.

The costs related to the performance of warranty obligations shall be borne by the Service Provider. However, if the User's failure to fulfill their maintenance obligations concerning the malfunction has also contributed to the malfunction, the User shall bear the costs incurred in proportion to their contribution, if they had knowledge of the maintenance required for the item, or if the Service Provider has fulfilled its obligation to provide information in this regard.

The consumer can assert their statutory warranty right if they can prove the conclusion of the contract. If the Service Provider disputes the fact of concluding the contract, the User must be informed of their complaint options.

8. Product Warranty

The provisions in this section apply exclusively to consumer contracts. In case of a defect in a product sold by the Service Provider to the User, the User may demand that the manufacturer (the party considered as the manufacturer of the product and its distributor) rectify the defect in the product, or - if the repair is not possible within a reasonable time without causing harm to the interests of the Consumer - replace the product. The manufacturer is liable for product warranty for two years from the date of placing the product on the market. Expiry of this period leads to forfeiture of rights.
The product is considered defective if it does not comply with the quality requirements valid at the time of its introduction into circulation by the manufacturer, or does not have the characteristics specified in the description provided by the manufacturer.

The manufacturer is released from product warranty obligations if it proves that:

the product was not manufactured or distributed in the course of their business or independent occupation;
at the time of placing the product on the market, the defect could not be recognized according to the state of science and technology; or
the defect of the product was caused by the application of a legal or mandatory administrative requirement.
In the case of replacement, the manufacturer is responsible for the replaced product or the part of the product affected by the repair.
The User is obliged to inform the manufacturer of the defect without delay after its discovery. A defect reported within two months of discovery shall be deemed to have been reported without delay. The User is responsible for any damage resulting from delayed notification.

9. Procedure to Follow in Case of Warranty Claim

The parties to the contract between the User and the Service Provider may not deviate from the provisions of the decree to the detriment of the consumer.
The User's obligation is to prove the conclusion of the contract (with an invoice or even just a receipt).
The Service Provider is obliged to draw up a protocol of the User's warranty or guarantee claim reported to them.
A copy of the protocol must be made available to the User immediately and in a verifiable manner.
If the Service Provider cannot declare on the feasibility of the User's warranty or guarantee claim at the time of its notification, they must inform the User of their position within five business days, in a verifiable manner, including the possibility of recourse to a conciliation body in case of rejection of the claim.
The Service Provider must keep the protocol for three years from its recording and present it to the supervisory authority upon request.
The Service Provider must endeavor to carry out the repair or replacement within fifteen days at most.

10. Miscellaneous Provisions

The Service Provider is entitled to engage a third party to fulfill its obligations. It bears full responsibility for the unlawful conduct of such third party as if it were its own.
If any part of this Terms of Service becomes invalid, unlawful, or unenforceable, it does not affect the validity, legality, or enforceability of the remaining parts.
If the Service Provider does not exercise its rights under this Terms of Service, the failure to exercise such rights shall not be considered a waiver of those rights. Waiver of any right is only valid with an explicit written statement to that effect. The fact that the Service Provider does not strictly insist on compliance with any essential term or condition of this Terms of Service on one occasion does not mean that it waives its right to insist on strict compliance with that term or condition in the future.
The Service Provider and the User shall attempt to settle their disputes amicably.

11. Limitation of Liability

Purchasing on the Service Provider's website implies the User's knowledge of and acceptance of the possibilities and limitations of the Internet, especially regarding technical performance and possible errors.
Regarding damages caused by breach of contract, the Service Provider applies the following in this Terms of Service: Pursuant to Section 6:142 of the Civil Code [Liability for damage caused by breach of contract], "Anyone who causes damage to the other party by breaching the contract is obliged to compensate for it. They are exempt from liability if they prove that the breach of contract was caused by circumstances beyond their control at the time of concluding the contract, which could not have been foreseen, and it was not expected that they would avoid the circumstances or prevent the damage." According to Section 6:143 of the Civil Code [Extent of damages], "(1) Compensation must be paid for the damage caused to the subject matter of the service. (2) As a consequence of the breach of contract, other damages to the property of the entitled party and the lost pecuniary benefit must be compensated to the extent that the entitled party proves that the damage was foreseeable at the time of concluding the contract as a possible consequence of the breach. (3) In case of intentional breach of contract, the entire damage of the entitled party must be compensated."
The User is fully and unlimitedly liable for damages resulting from the disclosure of personal data of another person or from posting them on the Service Provider's website. In such cases, the operator shall provide all assistance to the competent authorities in determining the identity of the infringing person.
The User must respect applicable laws and refrain from any activities during use that are unlawful or harm the interests of other Users. Specifically, the User must:

- respect the privacy, personal rights, and legitimate interests of others;
- refrain from collecting unauthorized information about others or using acquired information unlawfully;
- refrain from committing crimes or misdemeanors;
- respect intellectual property rights, especially the rules protecting literary, scientific, and artistic works under copyright, inventions, designs, utility models, trademarks, and trade names.

All Users must refrain from any activities that obstruct the proper use of the website. Specifically, Users must:

- refrain from sending unsolicited emails ("spam") or chain letters ("hoax");
- refrain from any communication that may hinder or disrupt others' use of the website;
- refrain from posting inappropriate, repetitive, or otherwise disruptive statements in public communication.

Additionally, the Service Provider may impose further restrictions, which will be communicated to Users. The Service Provider shall not be liable for any damages resulting from the violation of these restrictions.
If a User violates the provisions of this Terms of Service, the Service Provider is entitled to suspend or delete the User's registration. If proceedings are initiated due to a violation, the Service Provider may provide the data related to the User obtained during registration to the competent authorities in accordance with the relevant laws for the proceedings. Before suspending or deleting the registration, the Service Provider shall call on the User to cease the objectionable behavior or to prove that the behavior does not conflict with the Terms of Use. Notification may be omitted if delay would cause unavoidable damage or a blatant violation of the law.
Any person whose rights or legitimate interests are infringed by the User's activities – including the person whose personal rights have been violated, the victim of the crime or misdemeanor, and the rightful owner of intellectual property rights – may request the Service Provider to remove the objectionable content and take necessary measures against the User. The requester must prove their entitlement appropriately. If the entitlement is proven, the requester may request the Service Provider to block the offending content for later proceedings within 60 days. In this case, the Service Provider will make the blocked content and related data available to the competent authority in accordance with the relevant laws and procedures.

Procedure for Handling Complaints

The Provider's aim is to fulfill all orders with appropriate quality to the complete satisfaction of the customer. However, if the User still has any complaints regarding the contract or its fulfillment, they can communicate their complaint to the above email address or by post. The contact information that can be used for submitting complaints and communication is the same as the customer service contact details provided by the Provider in this Terms and Conditions.
The Provider maintains only an automated telephone customer service, for which the User can find instructions on the Provider's website. The automated telephone customer service system is operated by IP-Telekom Limited Liability Company (registered office: 1047 Budapest, Károlyi István utca 10., company registration number: Cg.01-09-962358).
The User can submit their complaint orally (exclusively through the Provider's automated telephone customer service) or in writing using the contact details specified by the Provider in this Terms and Conditions. It is not considered a complaint if the User requests information or a statement regarding the operation or activities of the Provider's website.
Any oral complaint submitted through the automated telephone customer service or electronic communication services will be assigned a unique identification number by the Provider.
The minutes of the complaint shall contain the data prescribed in Act CLV of 1997 on consumer protection.
The Provider shall examine the oral complaint immediately, no later than the next working day following receipt of the complaint, and remedy it as necessary. If the User does not agree with the handling of the complaint or immediate investigation is not possible, the Provider shall immediately record the complaint and its position thereon, and send a copy thereof by telephone or other electronic communication services together with a substantive response to the complaint at the latest.
The Provider shall respond in writing to the written complaint within 30 days, unless otherwise provided by directly applicable legal acts of the European Union. The Provider shall justify its refusal to accept the complaint. A copy of the response shall be retained for 5 years and presented to supervisory authorities upon request.

The User may also turn to the Ministry of National Development in case of a complaint:

Ministry of National Development
Headquarters: 1011 Budapest, Fő utca 44-50.
Mailing address: 1440 Budapest, Pf.: 1.
Central phone number: +36-1-795-1700
Fax number: +36-1-795-0697
Customer service office: 1011 Budapest, Fő utca 44-50.
Customer service phone numbers: +36-1-795-6766; +36-1-795-3832; +36-1-795-6816
Customer service email: ugyfelszolgalat@nfm.gov.hu

Based on 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 (Regulation on consumer ODR), the European Commission has established an online dispute resolution platform, which has been available since 15 February 2016 for consumers and traders to settle disputes arising from online sales or service contracts.

The regulation directly applies to online traders established in the Union with a registered office in Hungary in the case of online sales or service contracts concluded between a trader and a consumer giving rise to a consumer dispute.

To use the online dispute resolution platform, you must register in the European Commission's system beforehand. You can access the online dispute resolution platform after registering in the European Commission's system. ODRlink: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=HU

If the Provider has not handled the User's complaint or quality objection correctly or in accordance with the law, or has committed other violations 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 competent for the place of residence are available here. In some cases (including certain infringements affecting online stores), the proceedings are conducted by the district offices of county seats, the contact details of which are available here.
In the event of a dispute related to the Provider, the User may turn to the conciliation body competent for their place of residence. In the conciliation procedure, the Provider is obliged to participate and cooperate in accordance with the relevant legislation. The list of conciliation bodies is available here.

13. Data Protection and Data Management Information

The Provider aims to ensure the protection of the personal data of registered Users on the website to the fullest extent possible. The data management information contained in these terms and conditions is only valid for the Web Store and cannot be applied to websites operated by third parties, even if these websites are directly accessible from the Web Store.
The Provider carries out its activities in compliance with the protection of the privacy rights of visitors and customers, in accordance with the relevant legislation, in particular the Civil Code, as well as Act CXII of 2011 on informational self-determination and freedom of information (hereinafter: Infotv.). It should be noted that providing personal data on the Web Store is voluntary, and by accepting these terms and conditions, Users consent to the processing of their data. If the User acts on behalf of another person, it is their responsibility to obtain the consent of the person concerned to disclose their data. Declarations of incapacitated and partially incapacitated persons require the prior consent of their legal representative, except for data processing related to services that are mass transactions in everyday life.

14. Registration Data Management

Registration is required to use the services available on the Web Store. The data provided during registration is processed by the Provider only for the purpose of providing the service and communicating with Users, in a manner and to the extent necessary, in compliance with legal conditions. The legal basis for data processing is the consent of the data subject. By providing personal data, Users consent to the use of their data by the Provider for the purpose of providing the service. The Provider uses the personal data obtained for the purpose known to the customer at the time of disclosure, does not disclose or make them accessible to third parties without separate consent, and stores them separately and encrypted. If the User chooses delivery by courier service for products purchased on the Web Store, they consent to the transfer of the necessary data to the courier service for delivery. The data is accessible to employees of the Web Store who are in an employment relationship.
The purpose of data processing is to enable the fulfillment of orders by customers as Users, and certain data processing is aimed at enhancing the User's - customer's experience, particularly through newsletter delivery. The data subject to processing includes:

- name (first and last name),
- email address,
- residential address, billing address
- phone number

Data Processing Period: Until the deletion initiated by the data subject of the registration account, in the case of purchase, for billing data, for the mandatory retention period prescribed by laws.
Product Review
Users can write product reviews about the products they have purchased, which helps other buyers decide whether to purchase the product. In addition to the product review, the usernames of users (in abbreviated form or without abbreviation) may appear. The legal basis for data processing is the consent of the data subject.
The purpose of data processing is to provide authentic information to other consumers and to enhance user experience. Data processing period: until the request for deletion of data, or until the distribution of the respective product.
Some services of the Web Store place a unique identifier, a so-called cookie, on the user's computer. Cookies serve to facilitate user identification and authentication for personalized service and improvement of services provided to the user. Personal data of users are never stored in cookies. The product recommendation system on the website displays offers belonging to categories based on pages previously visited by the user. By using the websites, the user accepts that cookies will be placed on their computer. Rejecting cookies does not prevent the use of the services of the Web Store.
If any user engages in behavior that is contrary to the terms of use, incompatible with them, or otherwise violates the law, the Service Provider initiates customer identification of the user as necessary to start legal proceedings.
In case a user does not log into the Web Store for ten years, the Service Provider automatically deletes their data and destroys the available data. The user 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 is not able to delete the data that it is obliged to retain by law.
The Service Provider electronically stores personal data on the servers of the hosting provider. Billing data is also stored by the Service Provider at its premises and at the location of its central administration (address as above). The Service Provider takes all necessary IT and organizational steps to ensure the security of personal data processing and to prevent unauthorized third parties from obtaining personal data.
The user can request information about the processing of their personal data, the processor of the data, the possible data processor, the circumstances of data transfer, as well as other details of data processing, or request the correction or change of their personal data, or - except for data processing required by law - its deletion, from the Service Provider by email or post. The information is free, 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 regarding data processing in the shortest time possible, but within a maximum of 25 days - in case of refusal of the user's request, to provide a justification for the response. If the data subject disagrees with the decision or measure taken by the Service Provider, they may appeal to the court within 30 days from the communication of the decision or measure.
During data processing, the Service Provider fully complies with the provisions of the Information Act, handles data with the utmost care, treats them confidentially, and does not make them accessible to third parties, except if necessary to enforce its rights arising from the contract, or if required by law, administrative order, or court judgment to transfer data to authorities.
The data subject may exercise their rights to remedy or complaint with the National Authority for Data Protection and Freedom of Information (Headquarters: 1125 Budapest, Szilágyi Erzsébet fasor 22/c, Mailing address: 1530 Budapest, Pf.: 5., Phone: +36 (1) 391-1400).

The operation of digital content, technical protection measures and compatibility with hardware and software.

The Service Provider guarantees the availability of the website by 95% annually. Planned maintenance of up to 1 working day duration is not considered downtime for availability measurement, provided that the Service Provider has notified the User in advance of the timing and expected duration on the website.
The website is compatible with all kinds of browser software and operating systems. Communication on 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 the servers of shopify.com.
The Service Provider reserves the right to temporarily suspend or permanently terminate the availability of any functionality for all Users in justified cases - including network segments, nicknames, email addresses, etc.

Budapest, May 13., 2024.