General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as GTC) set forth the terms of use for the online store operated by the Service Provider on the www.evolvens.hu website (hereinafter referred to as Webshop) for both purchasers and users accessing the website (hereinafter referred to as User), as well as the terms and conditions for making purchases and entering into contracts through the Webshop, and the conditions governing the legal relationship established by such contracts.

The following rules set forth in these Terms and Conditions do not apply to other websites accessed through www.evolvens.hu, regardless of their nature, the services they provide, or the identity of their operators. Furthermore, these Terms and Conditions apply to all commercial transactions within the territory of Hungary entered into between the Parties defined in this contract.

Contracts concluded under these Terms and Conditions are not archived, are concluded exclusively in electronic form, do not qualify as written contracts, and are drafted in Hungarian. If you have any questions regarding the operation of the Webshop, ordering, or delivery processes, please contact us using the provided contact information.

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

  1. Service Provider’s information 

Service provider name:  Evolvens Group Kft. 
Registered office: 1051 Budapest, Október 6. utca 24. 4. em. 5a
Contact information and regularly used email address for communication with customers:  info@evolvens.hu
Customer service contact:  info@evolvens.com
Tax number:  14673111-2-43
Name of the registering authority:  Budapest Környéki Törvényszék Cégbírósága

 Contract language: Hungarian

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

  1. GENERAL provisions 
  • For issues not regulated in these General Terms and Conditions (GTC), as well as for their interpretation, Hungarian law shall apply, with particular reference to Act V of 2013 on the Civil Code (hereinafter: Civil Code), Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society (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 laws apply to the parties without any special stipulation.
  • These Terms and Conditions have been in effect since July 8, 2019, and will remain in force until revoked. The Service Provider reserves the right to unilaterally modify the Terms and Conditions. The Service Provider will notify Users of any changes via a system message displayed at login before the changes take effect. By using the website(s), the User accepts that all regulations related to the use of the website(s) automatically apply to them.
  • By accessing the website of the Webshop operated by the Service Provider, or by reading its content in any way—even if not a registered user of the Webshop—the User acknowledges the Terms and Conditions as binding. If the User does not accept these terms, they are not authorized to view the content of the Webshop.
  • Only certain parts of the Webshop's services are available to all Users without registration. Purchases in the Webshop can be made electronically by placing an order in the manner specified in these Terms and Conditions, which, however, requires registration.
  • The Service Provider reserves all rights regarding the Webshop website, any part thereof, and the content appearing on it, as well as its distribution. Downloading, electronically storing, processing, or selling any content or part of the Webshop without the Service Provider’s written consent is prohibited.
  • A website that places a link to the Webshop operated by the Service Provider must not give the impression that the Service Provider recommends or endorses the use or purchase of any service or product offered or sold on that website. The linking website must not contain false information about the Webshop operated by the Service Provider or about the legal relationship between the Service Provider and the linking website. The Service Provider will take action against any references that harm the reputation or interests of the Webshop it operates.

 

  • All content on the website operated by the Service Provider (text, articles, product descriptions, information, these Terms and Conditions, illustrations, images, other information, or data) is the intellectual property of the Service Provider, unless otherwise stated, without territorial or temporal limitation. It is strictly prohibited to use, adapt, or copy any content downloaded from the Service Provider’s website for purposes other than purchasing from the Webshop, or to engage in any similar activity. In case of violation of the Service Provider’s intellectual property or other rights, or breach of this agreement, the Service Provider will immediately initiate legal action against the violator.

 

  • The Service Provider reserves the right to initiate legal action before courts or other authorities against any person who commits or attempts to commit a violation by using the Webshop it operates. The Service Provider cannot be held liable for any violations committed by third parties to the detriment of any User.

 

  • In the event of any violation related to the use of the website or the website itself, or if the Service Provider suffers any harm to its interests, the Service Provider is entitled to immediately suspend the User’s registration, delete their personal and other data, as well as their registration. However, the data may still be processed for the purpose of procedures related to the violation or harm to interests. The Service Provider is not obligated to notify the User about the suspension of registration, deletion of personal or other data, or the deletion of the registration.

 

        2. Range of available products and services

  • Products displayed in the Online Store can only be ordered online. The prices shown for the products are in Hungarian forints, include the legally required value-added tax, but do not include the cost of delivery. No additional packaging fee will be charged.
  • The Service Provider provides detailed information about each product in the Webshop, including the product name, description, and a photo. The images displayed on the product pages may differ from reality and may serve as illustrations. We do not accept responsibility for any discrepancies between the images shown in the Webshop and the actual appearance of the products.
  • The Service Provider reserves the right to change the prices of products available for order on the website, with such changes taking effect at the same time as they are published on the website. The modification does not adversely affect the purchase price of products that have already been ordered.
  • In the case of an incorrect price, the Service Provider is not able 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 established between the User and the Service Provider if an offer is made at an incorrect price. If the User makes an offer at an incorrect price, the system will send an automatic confirmation, but this does not constitute acceptance of the offer by the Service Provider. In the case of an offer (order) made at an incorrect price, a representative of the Service Provider will inform the User of 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 provided by the Service Provider’s representative instead of the incorrect price. In this case, no contract is established 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 desired product in the cart and clicking the “Order” button in the Webshop, the User incurs a payment obligation.
  • On this platform, Users can also subscribe to the Service Provider’s newsletter by checking the checkbox. Subscription to the newsletter is voluntary. By subscribing, the User expressly consents to receiving informational and explicitly promotional content at the email address provided, sent at intervals determined by the Service Provider.

The User may unsubscribe from the newsletter at any time by using the “Newsletter subscription/unsubscription” menu on the website, or by clicking the “Unsubscribe” link at the end of each newsletter.

  • The User is solely responsible for keeping their access credentials (especially the password) confidential. If the User becomes aware that an unauthorized third party may have obtained the password provided during registration, they must change their password immediately. If it is suspected that a third party is misusing the password in any way, the User must also notify the Service Provider at the same time.
  • The User agrees to update the personal data provided during registration as necessary to ensure that it is current, complete, and accurate.
  • The User sets the quantity of the product(s) they wish to purchase.
  • The User places the selected products in the shopping cart. The User can view the contents of the cart at any time by clicking the “view” icon.
  • If the User wants to add more products to the cart, they select the “continue shopping” button. If they do not wish to purchase more products, they check the quantity of the desired items. Clicking the “delete - X” icon removes items from the cart. After finalizing the quantity, the cart contents update automatically. If this does not happen, the User clicks the “refresh/update cart” icon. Once the User has selected the products to purchase, they can proceed to buy them by clicking the “proceed to checkout” icon.
  • The User selects the shipping address, then the method of receipt/shipping/payment, with the following options:
  • Payment methods:
  • OTP Simple (MasterCard, Visa, American Express): If you wish to pay for your order at the time of purchase, please select the “OTP Simple” payment method.
  • Bank transfer payment option: after placing the order, we will send you a pro forma invoice with the necessary bank details.
  • During certain periods or occasions selected by the Webshop, customers may be offered the opportunity to purchase at a discount using coupons. In such promotions, part or all of the product price can be paid online by entering the coupon details. The coupon code must be entered in the appropriate field at checkout, within its validity period and in accordance with its terms of use. Only one coupon can be redeemed per order, and coupons cannot be combined. Further details on coupon usage are specified in the terms of the current coupon promotion.
  • Pickup/Delivery methods:
  • Home delivery via courier service: If the selected product(s) are in stock, the User may choose a delivery date during the ordering process. In other cases, the User will be notified by email or phone about the delivery date or expected delivery time. For home delivery via courier service, the webshop may charge a handling fee, which will be communicated to the User on the website during the order process.
  • In-person pickup.
  • For their own protection and to facilitate future proof, the User is required to check the integrity of the package at the time of delivery, and in the case of personal pickup, to check the quantity of the product(s) and sign the receipt. If the packaging is damaged, the defect(s) must be recorded in a report on site. The integrity of the product(s) must also be checked upon receipt, and in the case of missing or damaged product(s), it is advisable to record the shortage or defect(s) in a report on site. To ensure any complaints regarding quantity or damage are accepted without dispute, it is recommended to make a video recording of the package being opened, clearly showing that the package was unopened at the start of the recording and that the entire contents are captured in an unedited video.
  • If the delivery of the package containing the product(s) fails, the courier will leave a notice and will attempt to redeliver the package one more time at most. Deliveries are made on business days between 8 AM and 5 PM. The buyer must provide a delivery address where they can be reached during this time window. 

By accepting the General Terms and Conditions, the customer agrees to pay for the ordered products. If the customer fails to do so by refusing to accept the product, the resulting shipping cost of 2,500 HUF will be fully charged to the customer.

  • The above does not apply in any case where the customer is unable to receive the package due to an error caused by the courier service.

  • In addition to the general shipping rules described in these Terms and Conditions, certain shipping terms, discounts, or costs may differ for individual products ordered through the webshop as specified below:
  • If there is an error or omission regarding products or prices in the Online Store, the Service Provider reserves the right to make corrections. In such cases, after the error is identified and corrected, we will immediately inform the customer of the updated information. The User may then confirm the order again, or either party may withdraw from the contract.
  • The total amount payable includes all costs based on the order summary and confirmation email. The package contains the invoice, information about the right of withdrawal, and the warranty letter. For their own protection, Users are advised to inspect the package in front of the courier and, in case of any damage to the product(s) or packaging, must request a report to be made; in the event of damage, the User is not obliged to accept the package. Packages are delivered on business days between 8:00 AM and 5:00 PM.
     
  • After entering their information, the User can submit their order by clicking the "order" button. Before doing so, they can review the provided details once more, add a comment to their order, or send any additional requests related to the order via email.
  • Correction of data entry errors: Before completing the ordering process, users can always go back to the previous step, where they can correct the entered information.
  • After placing the order, the User will receive a confirmation via email. If this confirmation does not arrive within the expected timeframe based on the nature of the service, but no later than 48 hours after the order is placed, the User is released from their offer or contractual obligation. The order and its confirmation are considered received by the Service Provider or the User when they become accessible to them. The Service Provider is not responsible for failure to confirm if the confirmation does not arrive on time due to the User providing an incorrect email address during registration, or if the User’s mailbox is full and cannot receive messages.
  • The Service Provider will confirm receipt of the order (offer to contract) sent by the User via a confirmation email within 48 hours at the latest. This confirmation email will contain the data provided by the User during the order process, the order ID, the order date, the Service Provider’s bank account number, the name of the ordered Service, and the Service fee. This confirmation email only serves to inform the User that their order has been received by the Service Provider. 
  • Formation of the contract: The contract is concluded upon receipt of a confirmation from the distributor containing a specific date. In addition to the automatic confirmation email, the Service Provider will send the User a separate acceptance email within 48 hours, which accepts the User’s offer and specifies the delivery date. Therefore, the contract is concluded when the separate acceptance email from the Service Provider is received, not when the automatic order confirmation email is received within 48 hours.
  • The contract between the parties is established as follows, after the order has been fully completed and the entered data reviewed:
  • In case of delivery:
  • Upon receipt of a separate notification email sent by the Webshop informing the User that the package has been handed over to the courier service and providing the expected delivery or pick-up time. This email sent by the Webshop at this stage does not constitute the automatic confirmation email for the order. The latter simply informs the User that the order has been received by the Webshop.

        4. ORDER PROCESSING AND FULFILLMENT

  • Orders are processed during business hours. Orders can also be placed outside the designated processing times; if an order is placed after business hours, it will be processed on the following business day.
  • The general fulfillment deadline is within 25 business days from confirmation. If the Service Provider and the User have not agreed on a delivery date, the Service Provider must fulfill the contract on the date or within the time specified in the User’s request, or, in the absence of such a request, no later than thirty days from receipt of the order by the Service Provider.
  • If the Service Provider fails to fulfill its contractual obligations because the product specified in the contract is not available, it must inform the User immediately and refund any amount paid by the User without delay, but no later than within thirty days. Fulfilling this obligation does not exempt the Service Provider from other consequences of breach of contract.
  • The essential properties and characteristics of products offered in the Webshop can be found on the individual product information pages. The product information on the Webshop’s website has been posted in good faith, but is for informational purposes only. If you have any questions about a product before making a purchase, please contact our customer service at the contact details provided in Section 1 of the Terms and Conditions. If the product you wish to order is not available at the time of ordering, or if it cannot be obtained and delivered within thirty days, the Service Provider reserves the right to refuse the order; in this case, no contract will be concluded, and the User will be notified. Any payments already made in relation to such an order will be refunded to the User without delay. If the order includes multiple products and any of them cannot be obtained and delivered within thirty days, partial fulfillment is only possible after consultation with the User.

          5. RIGHT OF WITHDRAWAL

  • According to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, the User may withdraw from the contract and return the ordered product without justification within 14 calendar days from receipt of the product. If this information is not provided, the User is entitled to exercise the right of withdrawal for up to 1 year.
  • The right of withdrawal expires 14 days after the day the User or a third party designated by the User, other than the carrier, receives the product.
  • The deadline for exercising the User’s right of withdrawal as set out in section 6.2 does not affect the User’s right to exercise the right of withdrawal at any time between the date the contract is concluded and the date the product is received.
  • The cost of returning the product must be borne by the User; the company does not assume responsibility for this expense.
  • When exercising the right of withdrawal, the User is only responsible for the cost of returning the product; however, the Service Provider may claim compensation for any material damage resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the product. If a contract for the provision of services is concluded between the User and the Service Provider and the User exercises the right of termination after performance has begun, the User is required to reimburse the Service Provider for reasonable costs incurred.
  • The right of withdrawal does not apply to the User in the case of products that are not pre-manufactured and are made based on the consumer’s instructions or explicit request, or in the case of products that are clearly customized for the consumer.
  • The consumer also may not exercise the right of withdrawal
  • In the case of a contract for the provision of services, after the service has been fully performed, if the business began performance with the consumer’s express prior consent, and the consumer acknowledged that they would lose their right of withdrawal once the service has been fully performed;
  • For products or services whose price or fee is subject to fluctuations in the financial market that cannot be controlled by the business, even within the withdrawal period;
  • For perishable products or products with a short shelf life;
  • For products in sealed packaging that, for reasons of health protection or hygiene, cannot be returned once opened after delivery;
  • For products which, by their nature, become inseparably mixed with other products after delivery;
  • For alcoholic beverages whose actual value depends on market fluctuations beyond the business’s control and whose price was agreed upon at the time the sales contract was concluded, but delivery will take place only after the thirtieth day from the contract date;
  • In the case of a service contract where the business visits the consumer at the consumer's explicit request to perform urgent repair or maintenance work;
  • In the case of the sale of sealed audio or video recordings or computer software, if the consumer has unsealed the packaging after delivery;
  • For newspapers, magazines, and periodicals, except for subscription contracts;
  • For contracts concluded at public auctions;
  • With the exception of residential services, contracts for accommodation, transportation, car rental, catering, or services related to leisure activities, if a specific date or deadline for performance was specified in the contract;
  • For digital content not provided on a tangible medium, if the business has started performance with the consumer’s express prior consent, and the consumer has acknowledged at the same time that they lose their right of withdrawal once performance has begun.

 

  • In accordance with the above laws, the Service Provider will refund the amount paid by the User for the purchased product, including delivery costs (except for any additional costs incurred because the User chose a delivery method other than the least expensive standard delivery offered by the Service Provider), without delay but no later than 14 days from becoming aware of the withdrawal.
  • During the refund process, the Service Provider will use the same payment method as was used in the original transaction, unless the User explicitly agrees to use a different payment method; the User will not incur any additional costs as a result of this refund method. The Service Provider declares that it considers the User’s explicit consent to be given if the User specifies a bank account number held at a financial institution as the means for refunding 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 unequivocal proof that it has been sent back, whichever occurs first.
  • The User must return the product to the Service Provider without undue delay, promptly, but no later than 14 days from the date the User notifies the Service Provider of their withdrawal from the contract. The Service Provider states that when the User exercises the right of withdrawal, the product will only be accepted if returned in its original packaging and original condition.
  • The User complies with the deadline if the product(s) are returned or handed over to the Service Provider before the 14-day period expires.
  • When purchasing multiple products, if the individual products are delivered at different times, the User may exercise the right of withdrawal within 14 days from the receipt of the last delivered product, or, in the case of products consisting of multiple items or pieces, from the receipt of the last item or piece.
  • The User can only be held liable for any decrease in the value of the goods if it results from handling that is different from what is necessary to determine the nature, properties, and functioning of the goods. If the above is proven, the Service Provider may claim compensation for the decrease in value as described in this section.
  • If the User wishes to exercise their right of withdrawal, they may notify the Service Provider in writing (using the form attached to these Terms and Conditions, if they wish) or by phone, using any of the Service Provider’s contact options. For written notices sent by mail, the date of posting will be considered; for phone notifications, the time of the call will be considered. When sending a written notice by mail, the Service Provider will only accept it as a registered letter or package. The User may return the ordered product to the Service Provider by mail or with the help of a courier service.
  • The detailed regulations regarding contracts between consumers and businesses can be found in Government Decree 45/2014. (II.26.), available here.
  • Directive 2011/83/EU of the European Parliament and of the Council is available here.
  • The User may also contact the Service Provider with other complaints using the contact details provided in this Terms and Conditions.
  • To exercise the right of withdrawal, the User may use the sample withdrawal statement attached as an annex to these Terms and Conditions, which, in accordance with legal requirements, must contain at least the following information:

 

Sample withdrawal statement

 Recipient:

 

I, the undersigned, hereby exercise my right of withdrawal from the contract for the purchase of the following product(s) or for the provision of the following service(s):4

 

Date of contract signing / date of receipt:

Name(s) of the consumer(s):

Address(es) of the consumer(s):

Signature of consumer(s): (only for statements made on paper)

Order number:

Bank account number:

Dated:

 

  • The right of withdrawal does not apply to Users acting within the scope of their profession, independent occupation, or business activities.

 

Please enclose the following document with the returned package:

Return Form

         6. Warranty

  • In the case of a warranty, during its term the Service Provider is obligated to fulfill the warranty according to the conditions set forth in the warranty statement or by law, for any defective performance. The warranty does not affect the User’s statutory rights (such as rights related to implied warranty). The Service Provider is released from its warranty obligation if it proves that the defect occurred after performance.
  • A mandatory warranty applies to new durable consumer goods sold under a contract with the consumer, as listed in Annex 1 of Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods. The duration of this warranty is one year. Warranty claims may be made within the warranty period; missing the deadline results in loss of rights.
  • The consumer may enforce their warranty rights with the warranty certificate received at the time of purchase, or, if unavailable, with the document proving the purchase (contract).

 

         7. Warranty for Defects

  • The Service Provider is at fault if, at the time of performance, the service does not meet the quality requirements set out in the contract or by law.
  • The Service Provider is exempt from warranty obligations if the User was aware of the defect at the time of contracting, or should have been aware of it at the time of contracting.
  • The Service Provider is liable for defective performance under statutory warranty. The User may enforce their statutory warranty claim within two years from the date of performance; other Users who do not qualify as consumers may enforce such claims within one year from the date of performance. If the subject of the contract with the User is a used item, the limitation period is one year. The User may assert their statutory warranty rights as a defense against claims arising from the same contract, even if the statutory warranty claim has expired.
  • Based on a warranty claim, the User may choose:

 

  • You may request repair or replacement, except if
  • fulfillment of the selected warranty claim is impossible,
  • or if, compared to fulfilling another warranty claim, it would result in a disproportionate additional cost for the Service Provider, taking into account the value the service would have in perfect condition, the seriousness of the breach of contract, and the harm caused to the entitled party by fulfilling the warranty right;
  • or may request a proportional reduction of the consideration, may repair the defect at the Service Provider’s expense or have it repaired by someone else, or—except in the case of a minor defect—may withdraw from the contract if the Service Provider has not undertaken the repair or replacement, cannot fulfill the repair or replacement obligation within the appropriate deadline in a manner that respects the User’s interests, or if the User’s interest in repair or replacement has ceased.
  • The User may switch from one warranty right to another. The User is required to pay the Service Provider for any costs incurred due to the switch, except if the switch was prompted by the Service Provider or was otherwise justified.
  • The User is required to report the error to the Service Provider without delay after discovering it. In the case of a User, an error reported within two months from the time of its discovery shall be considered as reported without delay. The User is liable for any damages resulting from delayed notification.
  • The costs related to fulfilling the warranty obligation are borne by the Service Provider. However, if the User’s failure to perform required maintenance contributed to the defect, the User must bear a proportionate share of the costs incurred in fulfilling the warranty obligation, provided the User had the necessary maintenance knowledge or the Service Provider fulfilled its duty to inform in this regard.

 

  • The consumer may exercise their warranty rights if they can prove the conclusion of the contract. If the Service Provider disputes the existence of the contract, the User must be informed of their complaint options.

      8. Product Warranty

  • The provisions of this section apply exclusively to consumer contracts.
  • In the event of a defect in a product sold to the User by the Service Provider, the User may require the manufacturer (which includes the producer and the distributor of the product) to repair the defect, or—if the repair cannot be carried out within a reasonable time without harming the Consumer’s interests—to replace the product. The manufacturer is liable for product warranty for two years from the date the product is placed on the market. After this period, the right is forfeited.
  • A product is defective if it does not meet the quality requirements in effect at the time it was placed on the market by the manufacturer, or if it does not possess the characteristics described by the manufacturer.
  • The manufacturer is exempt from product warranty obligations if they can prove that
  • the product was not manufactured or distributed as part of their business activities or independent profession;
  • the defect could not have been detected at the time the product was placed on the market, given the current state of science and technology; or
  • the defect of the product was caused by the application of a law or a mandatory regulatory requirement.
  • In the case of an exchange, the manufacturer is responsible for the warranty obligations related to the replaced product; in the case of repair, the manufacturer is responsible for the warranty obligations concerning the repaired part of the product.
  • The User is required to report the defect to the manufacturer without delay after discovering it. Any defect reported within two months of discovery shall be considered reported without delay. The Consumer is liable for any damage resulting from delayed notification.


    9. Procedure to follow in case of a warranty claim 

  • In the contract between the User and the Service Provider, the parties’ agreement may not deviate from the provisions of the regulation to the detriment of the consumer.
  • It is the User’s responsibility to prove the conclusion of the contract (with an invoice or even just a receipt).
  • The Service Provider is required to record a report of any warranty or guarantee claim submitted by the User.
  • A copy of the report must be provided to the User immediately in a verifiable manner.
  • If the Service Provider cannot make a statement regarding the fulfillment of the User’s warranty or guarantee claim at the time of its submission, the Service Provider must inform the User of its position within five business days, in a verifiable manner—including, in the case of rejection, the reasons for the rejection and information about the possibility of turning to a conciliation board.
  • The Service Provider is required to retain the protocol for three years from the date it is recorded and to present it to the supervisory authority upon request.
  • The Service Provider must strive to complete repairs or replacements within fifteen days at most.

         

        10. Miscellaneous Provisions 

  • The Service Provider is entitled to use subcontractors to fulfill its obligations. The Service Provider is fully liable for any unlawful conduct by such subcontractors as if the unlawful conduct had been committed by itself.
  • If any part of these Terms and Conditions becomes invalid, illegal, or unenforceable, that does not affect the validity, legality, or enforceability of the remaining parts.
  • If the Service Provider does not exercise a right to which it is entitled under these Terms and Conditions, the failure to exercise such right shall not be considered a waiver of that right. Any waiver of rights is only valid if it is expressly stated in writing. The fact that the Service Provider does not strictly enforce any essential term or condition of these Terms and Conditions on one occasion does not mean that it waives its right to strictly enforce that term or condition in the future.
  • The Service Provider and the User will attempt to resolve any disputes amicably. 11. Limitation of Liability
  • Purchasing on the Service Provider’s website implies that the User is aware of and accepts the possibilities and limitations of the internet, with particular regard to technical performance and potential errors.
  • Regarding damages caused by breach of contract, the Service Provider applies the following provisions of these Terms and Conditions. According to Section 6:142 of the Civil Code [Liability for damages caused by breach of contract]: “Anyone who causes damage to the other party by breaching the contract is obliged to compensate for it. Liability is excluded if it is proven that the breach was caused by a circumstance beyond their control, which could not have been foreseen at the time of concluding the contract, and it was not expected to avoid the circumstance or prevent the damage.” According to Section 6:143 of the Civil Code [Extent of compensation]: “(1) Compensation must cover damage to the subject of the service. (2) As a result of the breach, other damages to the entitled party’s assets and lost financial advantages must be compensated to the extent that the entitled party proves that the damage, as a possible consequence of the breach, was foreseeable at the time the contract was concluded. (3) In the case of intentional breach, the entitled party’s entire damage must be compensated.”

 

  • The User is fully and unconditionally liable for any damages resulting from providing another person’s personal data or publishing it on the Service Provider’s website. In such cases, the operator will provide all necessary assistance to the authorities to identify the offending individual.

 

  • The User is required to respect applicable laws and, during use, must refrain from any activity that is illegal or infringes on the interests of other Users. In particular, the User must:

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

- refrain from collecting information about other individuals without authorization, or from using any acquired information without authorization;

- refrain from committing any crime or infraction;

- respect intellectual property rights, especially the rules protecting literary, scientific, and artistic works under copyright, as well as inventions, designs, utility models, trademarks, and trade names.

 

  • All Users are required to refrain from any activity that impedes the proper use of the Website. In particular, Users are especially required to:
  • refrain from sending unsolicited emails (“spam”) or chain letters (“hoaxes”);
  • 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 comments in public communications.

12.7. All Users are required to refrain from any activity that could harm the interests of the Service Provider. In particular, the User is specifically obliged to:

  • refrain from disrupting or obstructing the operation of the Website;
  • refrain from engaging in activities aimed at acquiring or using the Service Provider’s business secrets or confidential information;
  • refrain from any communication that contains false information about the service;
  • refrain from any activity that could compromise the IT security of the Website;
  • refrain from any activity aimed at advertising their own or another person’s products or services.
  • In addition to the above, the Service Provider may impose further restrictions, which will be communicated to Users. The Service Provider accepts no liability for damages resulting from violations of these restrictions.

 

  • If the User violates the provisions of these Terms and Conditions, the Service Provider is entitled to suspend or delete the User’s registration. If proceedings are initiated due to the violation, the Service Provider may, in accordance with the relevant laws, provide the authorities with any information about the User obtained during registration.
  • Before suspending or deleting a registration, the Service Provider will call on the User to cease the disputed conduct or to prove that the conduct does not violate the Terms of Use. Notification may be omitted if delay would result in unavoidable damage or obvious legal infringement.
  • Anyone whose rights or legitimate interests are infringed by the User’s activities—such as a person whose personal rights have been violated, a victim of a crime or offense, or a holder of intellectual property rights—may request the Service Provider to remove the objectionable content and take necessary action against the User. The applicant must provide appropriate proof of their entitlement. If entitlement is verified, the rights holder may request the Service Provider to lock the infringing content for the purpose of subsequent proceedings. In this case, the rights holder must prove the initiation of proceedings within 60 days. The Service Provider will provide the locked content and any related data stored by the Service Provider to the competent authority, in accordance with the applicable laws governing that authority and procedure.

   

       12. Complaint Handling Policy 

  • The Service Provider aims to fulfill all orders with appropriate quality and to the complete satisfaction of the customer. If the User nevertheless has any complaints regarding the contract or its fulfillment, they may submit their complaint via the above email address or by mail. The contact address, phone number, and email address for submitting complaints and for communication are the same as the customer service contact details listed in these Terms and Conditions.
  • The Service Provider only maintains an automated telephone customer service, for which the User can find a description on the Service Provider’s website. The automated telephone customer service system is operated by IP-Telekom Ltd. (registered office: 1047 Budapest, Károlyi István utca 10., company registration number: Cg.01-09-962358).
  • The User may submit a complaint verbally (only via the Service Provider’s automated phone customer service) or in writing using the contact details specified in this Terms and Conditions. Requests for information or statements regarding the operation or activities of the Service Provider’s website do not qualify as complaints.
  • Verbal complaints submitted via the automated telephone customer service or through electronic communications services are assigned a unique identification number by the Service Provider.
  • The complaint record includes the data required by Act CLV of 1997 on Consumer Protection.
  • The Service Provider shall immediately investigate and, if necessary, remedy any verbal complaint received through the automated telephone customer service system, no later than the next business day following receipt of the complaint. If the User disagrees with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall promptly prepare a report on the complaint and its related position, and provide a copy of this report
  • In the case of a verbal complaint made by phone or using another electronic communications service, the Service Provider will send the substantive response to the User at the latest together with the reply to the complaint.
  • Unless otherwise provided by a directly applicable legal act of the European Union, the Service Provider will respond to written complaints in writing within 30 days. If the complaint is rejected, the Service Provider will provide a justification for its position. A copy of the response will be kept for 5 years and will be presented to the supervisory authorities upon request.
  • The User may 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 phone number: +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 (Consumer ODR Directive), the European Commission has established an online dispute resolution platform, which has been available since February 15, 2016, for both consumers and traders involved in online sales or service contracts in the event of a consumer dispute.

 

The regulation applies directly to traders established in the Union and to those with a registered office in Hungary involved in online sales or service contracts, in the event of a consumer dispute arising from an online sales or service contract between them and the consumer.

 

To use the online dispute resolution platform, you must first register with the European Commission’s system. After registering, 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, or does not do so in accordance with the law, or commits any other violation of consumer rights, the consumer may contact the district office competent for their place of residence. The list and contact details of the relevant district offices can be found here. In certain cases (including certain infringements related to online stores), the procedure is conducted by the district offices located at county seats, whose contact details are available here.
  • In case of a dispute with the Service Provider, the User may turn to the arbitration board competent for their place of residence. In such proceedings, the Service Provider is required by law to participate and cooperate. The list of arbitration boards is available here.

           13. Data Protection and Privacy Policy

 

  • The Service Provider aims to ensure the highest level of protection for the personal data of Users registered on the website. The data management information provided in these terms of use applies exclusively to the Online Store and does not extend to websites operated by third parties, even if these websites are directly accessible from the Online Store.
  • The Service Provider conducts its activities with respect for the personal rights of its visitors and clients, in compliance with relevant legislation, in particular the Civil Code, as well as Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (hereinafter: Infotv.). Please note that providing personal data in the Webshop is voluntary, and by accepting the terms of use, the User consents to data processing. If the User is acting on behalf of another person, it is their responsibility to obtain the consent of the data subject before providing their information. For statements made by persons lacking or with limited legal capacity, prior consent from their legal representative is required, except for data processing related to services that concern transactions commonly occurring in everyday life.
  • Registration Data Processing
  • Registration is required to use the services available in the Online Store. The data provided during registration will only be used by the Service Provider for the intended purpose, to provide the service and maintain contact with Users, and only to the extent necessary and in accordance with legal requirements. The legal basis for data processing is the consent of the data subject. By accepting these terms of use when providing personal data, Users agree that the Service Provider may use their data to fulfill the service. The Service Provider will use any personal data it receives only for the purpose known to the customer at the time of provision, will not disclose or make them accessible to any third party without separate consent, and will store them separately and securely. If the User chooses delivery by courier for products purchased in the Online Store, they consent to the Service Provider providing the necessary data to the courier service for delivery purposes. Only employees of the Online Store who are employed by the company have access to the data.
  • The purpose of data processing is to enable the Service Provider to fulfill orders placed by the data subjects as customers, and in some cases, to enhance the user and customer experience, particularly by sending newsletters. The scope of data processed is as follows:

- name (first and last name),

- email address,

- residential address, billing address

- phone number.

  • Duration of data processing: until the affected party initiates the deletion of their registration account, or, in the case of a purchase, for the mandatory retention period required by law with respect to billing data.
  • Product Review
  • Users may write product reviews about the products they have purchased, which helps other customers make purchasing decisions. Along with the product review, the user's username (their first and last name in abbreviated or unabbreviated form) may be displayed. The legal basis for data processing is the consent of the data subject.
  • The purpose of data processing is to provide accurate information to other consumers and to enhance the user experience. The duration of data processing: until a request for deletion of data is received, or until the given product is no longer available for sale.
  • Some services of the Webshop place a unique identifier, known as a cookie, on the user's computer. Cookies are used to facilitate user identification and authentication in order to provide personalized service and improve the services offered to the User. Personal data of Users are never stored in cookies. The product recommendation system on the website displays offers belonging to the same category as pages previously visited by the User. By using the websites, the User accepts that cookies may be placed on their computer. Refusing to accept cookies does not prevent the use of the Webshop's services.
  • If a User engages in conduct that is contrary to, incompatible with, or otherwise violates the terms of use or the law, the Service Provider will initiate the identification of the User as a client in order to take the necessary legal actions.
  • If Users do not log in to the Webshop for ten years, the Service Provider will automatically delete their data and destroy any information it holds. Users may request the deletion or correction of their provided data at any time by sending a message to info@Evolvens.hu. Even in this case, the Service Provider cannot delete data that it is legally required to retain.
  • The Service Provider stores personal data electronically on the servers of the hosting provider. Billing data is also stored at the Service Provider’s premises and central administration office (see address above). The Service Provider takes all reasonable IT and organizational measures to ensure the security of personal data and to prevent unauthorized third parties from gaining access to such data.
  • The User may request information about the processing of their personal data, the identity of the data processor, any potential data processors, the circumstances of data transfers, and other details of data processing via the Service Provider’s email address or by mail. The User may also request the correction or modification of their personal data, or—except for data processing required by law—their deletion. Information is provided free of charge, but in the case of repeated requests within the same calendar year, the Service Provider reserves the right to charge an administrative fee.
  • The Service Provider is required to respond to the User’s data management inquiry as soon as possible, but no later than within 25 days—if the User’s request is denied, the response must include a justification. If the affected individual disagrees with the decision or action taken by the Service Provider, they may appeal to a court within 30 days of being notified of the decision or action.
  • During data processing, the Service Provider fully complies with the provisions of the Information Act, handles all data with utmost care and confidentiality, and does not make it accessible to third parties, except where necessary for enforcing its rights under the contract, or if required by law, regulatory order, or court judgment for transfer to data authorities.
  • With regard to the Service Provider’s data processing, you may seek legal remedy or file a complaint with the National Authority for Data Protection and Freedom of Information (Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c, Mailing address: 1530 Budapest, Pf.: 5., Phone: +36 (1) 391-1400).

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

  • The Service Provider guarantees 95% annual uptime of the website. For the purpose of measuring uptime, planned maintenance of up to 1 business day is not considered downtime, provided that the Service Provider has notified the User of the timing and expected duration of such maintenance in advance on the website.

 

  • The website is compatible with all types of browser software and operating systems. Communication with the website occurs via the HTTP protocol. Communication through the website is not encrypted, except for pages requesting personal data, which are secured 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 access to any function for all Users—including, but not limited to, network segment, nickname, email address, etc.—or to permanently discontinue the provision of such function.

 

 Budapest, 06/13/2025.

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