Terms and Conditions
These General Terms and Conditions (referred as GTC) include the rights and obligations of the customer (referred as Customer) using the electronic commerce services provided by Mr. Gergely Teglas (referred as Service Provider) through http://tgcajon.com website (referred as Website). Service Provider and Customer hereinafter collectively: Parties. The GTC applies to all legal transactions and services that are made through the Website, regardless of its fulfillment is made from Hungary or from abroad, by the Service Provider or by its contributor.
Any technical information required for the use of the Website, not contained in this GTC, is provided by other information available on the Website.
The Customer acknowledges and accepts the terms of this GTC by using the Website.
The original language of the contract is Hungarian, this is the English translation of it.
The contract is a written contract that the Service Provider registers, so it can be viewed and accessed later.
The Service Provider does not undertake any provisions of the Code of Conduct.
By using the Website, the Customer acknowledges and accepts the following:
- The Service Provider
Name: Mr. Gergely Teglas
Mailing address: H5700 Gyula, Vásár utca 29
Tax number: 65389340-1- 24
Registration number: 15359477
Name: EV2 Internet Kft.
Address: Budapest, Róna u. 120, H1149
Customer can only use the Website at his/her own risk, and agrees that the Service Provider shall not be liable for any material or non-material damages incurred during use. Beyond the responsibility for deliberately causing breach of contract, which is detrimental to human life, physical integrity or health, the Service Provider excludes any liability for the conduct of the users of the Website.
Customer is obligated to ensure that the use of the Website does not harm the rights of third parties or the law directly or indirectly. Customer is fully and exclusively responsible for his / her own conduct. In such a case, the Service Provider shall cooperate fully with the competent authorities for the purpose of detecting infringements. This includes all cases in which the Customer uploads a trademark, image or sample under a trademark protection, which may only be used in the prior permission of the holder. Customer is responsible for obtaining the consent of the holder, and to have all the permissions for the particular logo, image, etc. it entitles him to use it. If the Customer uploads a logo, picture, etc. to the page which was not authorized by the holder, the Customer shall be liable to the right holder, and exempts the Service Provider from any compensation or other claim against the holder.
Any content that may be made available to users by the use of the Website may be authorized by the Service Provider but is not required to be verified, and with respect to published content, the Service Provider is entitled, but is not required to look for signs of continuing illegal activity.
The service pages may contain links that lead to the pages of other providers. The Service Provider shall not be responsible for the data protection practices and other activities of these providers.
Due to the global nature of the Internet, the Customer accepts that, when using the Website, he / she must comply with the relevant national legislations. If any activity related to the use of the Website is not permitted under the law of the Custormer’s State, the Customer shall be liable for the use only.
If the Customer finds content that is objectionable on the Website, he or she shall immediately notify the Service Provider. If the Service Provider finds the signal in good faith as legitimate, is entitled to cancel or modify the information immediately.
The Website as a whole, its graphic elements, the text and technical solutions, and elements of the Service are under copyright or other intellectual property rights (such as trademark protection). The Service Provider is the copyright holder or authorized user of all the content displayed on the Website and through the delivery of products and services through the Website: any author’s work or any other intellectual creation (including, but not limited to, all graphics and other materials, layout, editing, software and other solutions, idea, implementation).
Saving or printing the contents of the Website for private use to physical or other media is only permitted in the case of a prior written consent of the Service Provider. Use beyond the private use, such as storing in a database, transmitting, publishing or downloading, commercialization is only possible with the prior written permission of the Service Provider.
In addition to the rights set forth in this GTC, the use of the Website or any provision of the GTC does not entitle the Customer to use of any trade name or trademark found on the Website. Beyond the visualisation with the intended use of the Website, temporary reproduction and personal copying, these intellectual creations may not be used or utilized in any other form without the prior written permission of the Service Provider.
The Service Provider reserves all rights to all elements of his service, with special regard to the https://tgcajon.com domain name and its subdomains, all other domain names, sub-pages, and web advertising surfaces reserved by the Service Provider. All activities aimed at listing, organizing, archiving, breaking (hack) and decrypting of source codes of Service Provider are prohibited. unless the Service Provider issues a separate license. Without separate agreement or without the use of this service, it is forbidden to modify, copy, place new data or overwrite existing database of the Service Provider by circumventing (bypassing) the Service Provider’s provided interface or search engines.
- PURCHASE ON THE WEBSITE
You do not need a valid registration in order to purchase on the Website.
3.2. Placing an Order
The Customer may place an order for products advertised on the Website. Customer can browse the orderable products on the Site and can choose the product to order. Customer can also fill in the search box at the top of the Website and look for the product by searching the name of the product or using other keywords. If a product advertised on the Website is in compliance with the Customers’ search, the system displays it. Customer can find out about the details (color, size, sound, setting-tuning), price, or any other optional features of the product on the product datasheet.
Since T.G. Cajon instruments are all hand-made, so the images on the product datasheets may differ slightly from reality (slight difference in hue and wood grain). The video on the product data sheet shows the instrument with a certain setting, from which the ordered product might be slightly different.
The purchase is done as follows:
- Click on the “Add To Cart” button.
- After clicking on it, a new button appears “View cart”.
- Clicking on “View cart” button, the checkout page opens up. On the order form, the Customer can view and check in detail the list of ordered products, their price, the number of items to be ordered and at the bottom of the summary table, the total amount of the order. On this site, the Customer can change the order content at any time, as it has the ability to delete a product or change the quantity (number of pieces) of the product. The price is displayed here in Hungarian Forint (Ft), but it can be changed to Euro in the next step.
- At “Cart totals” Customer can choose between free delivery (ingyenes szallitas) and personal pick up. Click on “CALCULATE SHIPPING” to choose destination country. Then click on “UPDATE TOTALS” to see the price displayed in Euro.
- Click on the “PROCEED TO CHECKOUT” button.
- Customer has to enter here the following data for the Service Provider:
- Last name,
- First name,
- Company name (if any),
- E-mail address,
- Address (Street, Doorbell, Door, etc., City, County, Postcode)
On the Website the default setting is the identity of the billing and shipping address. If the billing and shipping address is not the same, you can specify another delivery address by ticking the “Shipping to another address” checkbox.
Customer has the opportunity to comment on the order on the interface provided.
- Select the method of payment (direct bank transfer or PayPal personal transfer)
- Read Terms and Conditions and if you agree please tick the box. Customer can not submit order online until this box is not ticked.
- Click on the “SEND MY ORDER” button. After clicking, the Customer sends his order permanently, which creates a payment obligation for the Customer.
- The Service Provider also notifies the Customer about the success of the order via the following interface and via e-mail.
3.3 Processing orders
Incoming orders are processed on weekdays (working days) between 8 am and 4 pm.
3.4. Price of products
The prices of products displayed on the Website are shown in gross (including VAT and other taxes). The purchase price shown next to the products includes the cost of shipping within Hungary and within the following countries of the European Union: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Ireland, Latvia, Lithuania, Netherland, Luxembourg, Poland, Portugal, Romania, Spain, Sweden, Slovakia, Slovenia, United Kingdom; and to Serbia and to Switzerland. No extra packaging fee will be charged.
The Service Provider reserves the right to change the prices of products ordered from the Website. The amendment will come into effect simultaneously with the appearance on the Website. The amendment does not negatively affect the purchase price of the products already ordered. The prices of the products are shown in Hungarian Forint (HUF) on the Hungarian site, and are shown in Euro (EUR) on the English site. The total amount payable (based on the order summary and confirmation email) includes all costs including the cost of delivery within Hungary and within the European Union (to the above-mentioned EU and non EU countries).
The Service Provider despite its care shall not be liable for any incorrectly displayed price due to system error as well as the obviously incorrect, unrealistic price (0 Ft or 0 EUR) significantly different from the price of the product. In such cases, the Service Provider is not obligated to supply the product at the price incorrectly displayed on the Website. In the event of an incorrect price, the Service Provider offers the opportunity in the order confirmation or afterwards, to purchase the product at a reasonable price. With the information provided, the Customer may decide to order the product at a real price or cancel the order without any adverse consequences.
3.5. Correcting data entry errors.
At any time during the order, until the order is sent to the Service Provider, Customer may have the opportunity to correct the data entry errors on the Website, either through the ordering surface (eg by deleting a product or changing the quantity / number of the product). For example, an incorrect quantity,choosing an incorrect product on the order form, mistyping order details, etc. (eg shipping address) is a data entry error.
3.6. Offer obligation, Confirmation
The Service Provider will confirm the receipt of the order sent by the Customer without delay, but within 48 hours, by an automatic confirmation email. This confirmation email contains the information (billing and delivery information) provided by the Customer during the purchase, the order identifier no., the date of the ordered product(s), the list of the ordered product(s), the price of the product and the total amount to be paid.
If the Customer has already sent his order to the Service Provider and notice a mistake regarding the details of the confirmation email, he / she must report to the Service Provider within 1 day in order to to avoid unwanted orders. The Customer is exempt from the bidding obligation, if he/ she do not receive the confirmation email about the order from Service Provider without delay but within 48 hours at the latest. This confirmation email from the Service Provider is considered to be an acceptance of the offer made by the Customer, with which a valid contract will be concluded between the Parties.
The order is considered to be an electronically concluded contract, which is governed by Act V of the Civil Code (PTK) of 2013, Electronic Commerce Services and the CVIII Act 2001 on Certain Issues of Information Society Services. The contract is governed by Government Decree 45/2014 (II.26.) on the detailed rules for contracts between consumers and businesses, it also takes into account the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.
Service Provider reserves the right to reject orders that have already been confirmed.
3.7. Payment and Delivery
Direct transfer between PayPal accounts (PayPal to Paypal personal transfer)
-For Customers with a PayPal account can make a personal transfer to the Service Provider’s PayPal account, to which the Service Provider’s e-mail address must be entered: firstname.lastname@example.org
For the fees / charges of personal transfers from outside of Hungary (cross border transfer) please check the chart on the following link: https://www.paypal.com/uk/webapps/mpp/cross-border- and-conversion-fees
Direct Bank Transfer
– For tranfers within Hungary: 10918001-00000045- 23500009 (Unicredit Bank)
– For tranfers outside from Hungary: IBAN HU5010918001-00000045- 23500009 (Unicredit Bank)
When making a bank transfer, it is the Customers responsibility to check the possible costs / commission fees of the transfer in the current conditions list of the Customers bank.
– Payment by cash on delivery (C.O.D.) is only available within Hungary.
– Personal Pick Up and Payment – at the Service Provider’s workshop or home address. Pre-appointment is required by phone or by e-mail.
The estimated time of delivery of the order is 3-7 working days for delivery to Hungary, and 7-10 working days for shipment to other EU countries (see list of countries at paragraph 3.4.). Upon Customer’s individual request and order (different size, shape, color, etc. from the type design of instruments displayed on the Website), or when the ordered instrument is currently being produced, the delivery time may be shifted to a later date by the Service Provider from which the Parties will agree by email. After the conclusion of the contract Service Provider is obliged to deliver the product to Customer without delay, but at the latest within 30 days, unless otherwise agreed by the Parties.
In the event of a Service Provider’s delay, the Customer, who is a consumer, is entitled to set a deadline. If the Service Provider fails to comply within a reasonable time, the consumer is entitled to terminate the contract.
The consumer (without setting a deadline period) is entitled to withdraw from the contract if he / she is:
- a) Service Provider has refused to perform the contract; or
- b) The contract (as agreed by the Parties or by the recognizable purpose of the service) should have been completed at the specified execution time – and not at other times.
Service Provider will give invoice for the Customer about the ordered product(s). In case of parcel delivery, the invoice is included in the package.
- RIGHT OF WITHDRAWAL
4.1. The course of exercising the right of withdrawal
The provisions of this section apply only to a natural person acting outside of his /her scope of profession, self-employment or business activity, those who purchases, orders, receives, uses goods, and who are the recipient of the commercial communication and offer related to the goods, hereinafter referred to as “Consumer”.
Upon Government Decree 45/2014 (II.26.) on the detailed rules of contracts between the consumer and the business, in the case of a contract for the purchase of a product, the Consumer is entitled:
Within fourteen (14) days from the date of receipt by a third party (other than the carrier), he or she, without justification, shall be entitled to terminate the contract of the:
- a) product
- b) if more than one product, the last product provided
- c) in case of multiple items or pieces of product, the last product or piece/item provided
- d) the first service, if the product has to be delivered/supplied regularly within a specified period of time
Consumer has the right to exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
If the Consumer wishes to exercise his right of withdrawal, Consumer must provide the Service Provider with a clear statement of the withdrawal intent using the contact information indicated in section 1 of this GTC. For this purpose, Consumer may use the withdrawal form available through the following link [insert link], but is not required. Consumer exercises his right of withdrawal in time if he sends his withdrawal statement to the Service Provider before the expiry of the above deadline (even on the 14th day).
Consumers shall be required to demonstrate that they have exercised their right of withdrawal in accordance with the provisions of section 4. In both cases, the Service Provider shall immediately confirm receipt of the Customer’s withdrawal statement by e-mail. In case of withdrawal in written form, it shall be deemed valid within the deadline, if Consumer submits this declaration to the Service Provider within 14 calendar days (even on the 14th calendar day). By postal notification, the date of postal delivery, by e-mail notification, the time of sending the e-mail will be taken into account by the Service Provider for the time deadline calculation. The Consumer must send the letter as a registered mail in order to prove creditibly the posting date. In case of withdrawal, the consumer shall return the ordered product to the Service Provider without undue delay, but no later than 14 days after the declaration of withdrawal. The deadline shall be deemed to be fulfilled if the consumer submits the product (posts it or hands it to the courier) before the expiry of the 14 day deadline. The cost of returning the product to the Service Provider’s address will be borne by the Customer, unless the Service Provider has undertaken to bear these costs. However, the Service Provider does not take over the organizing of return and its cost from the Customer. The Service Provider can not take over the package returned with C.O.D. In addition to the cost of returning the product, the Customer will not be charged any other costs with respect to the withdrawal. With respect to the withdrawal the Customer will not be charged with any other costs in addition to the cost of returning the product.
If Consumer withdraws from the contract, the Service Provider shall, within 14 days of receipt of the consumer’s withdrawal declaration, reimburse all remunerations performed by the Consumer, except for the additional costs incurred by the Customer for choosing a different mode of transport than the cheapest mode of transport offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned, or until Costumer has verified that he has returned it. The Service Provider takes into account the earlier date.
During the refund, the Service Provider uses the same method of payment as the original transaction, except when the Consumer expressly contributes to using another form of payment. Due to the use of this refund method, the consumer is not charged any additional costs.
Consumers can only be held liable for the depreciation in the product, if it occured due to use beyond the required use of the nature of the product, its properties and its functioning. The Service Provider may therefore claim reimbursement from the depreciation resulting from the use beyond the use required to determine the nature, properties and operation of the product, if the fullfillment of the contract (at the expressed request of the Customer) has commenced before the expiry of the deadline and exercises its right of withdrawal.
Customer shall not be entitled to a right of withdrawal in the case of non pre-manufactured products produced on the basis of a consumer’s request or in the case of a product clearly personalized to the Customer.
5.1. Liability for defects / warranty for quality
In the event of the Service Provider failing to fulfill its obligations, the Customer may claim warranty against the Service Provider. When purchasing a product under a consumer contract, Consumer can enforce warranty claims within a 2 year limitation period from the date of receipt, for product defects that existed at the time of delivery of the product. After two-year limitation period, the Consumer will no longer be able to enforce his / her rights of warranty claim.
In the case of a contract with a non-consumer the claimant may validate his warranty claims within one year of the limitation period from the date of receipt. In case of not used products, in the case of a consumer contract, the Customer who is a consumer, may enforce his warranty claim within a two-year limitation period from the date of delivery.
Customer may request repair or replacement at his/her choise, unless the fulfillment of the Customer’s choice is impossible, or, compared to other choices, the Service Provider would have a disproportionate additional cost. If Costumer did not or could not request repair or replacement, he/she may require a proportional reduction of remuneration, or the Customer may repair or correct the defect at the Service Provider’s expense or – in the final case – the Customer may also terminate the contract. For a minor, insignificant defect, there is no place for a withdrawal.
Customer is obliged to inform the Service Provider about the defect forthwith, but not later than two months after the discovery of the defect. The Customer can enforce his / her warranty claim directly to the Service Provider.
Within six months of the fulfillment of the contract, beyond reporting the defect there is no other condition for enforcing the claim of warranty of quality if Customer acknowledges that the product was purchased from the Service Provider. In such case, the Service Provider is only exempted from the warranty of quality if he proves that the defect of the product has arisen after delivery to the Customer. If the Service Provider can demonstrate that the cause of the defect is caused by a reason attributable to the Customer, Service Provider is not obligated to grant the Customer’s warranty claim. However, after six months from the date of delivery, the Customer is required to prove that the defect recognized by the Customer was already present at the time of delivery.
If the Customer enforces his / her warranty claim with respect to a distinct part of the product, the warranty claim shall not be deemed valid for other parts of the product.
5.2. Product warranty / Product liability
In the event of a defect in the product (movable property), the Customer who is a consumer, according to his / her choice, may claim a right or a claim for product liability as specified in section 5.1.
However, the Customer is not entitled to the simultaneous enforcement of the warranty for quality and product warranty claim due to the same defect. However, in the case of successful claims for product liability, the Customer may claim the warranty for quality claim for the replaced product or the corrected part to the manufacturer.
As a product warranty, the Customer may only request the repair or replacement of the defective product. The Customer must prove the defect of the product when claiming product liability.
A product is considered to be defective if it does not meet the quality requirements in force when it is placed on the market, or if it does not have the features specified by the manufacturer.
The Customer’s product warranty claims may be validated within two years from the date of placing the product on the market. After this deadline, this entitlement will be lost. Customer is obliged to disclose the defect to the manufacturer without delay after discovering the defect. The defect communicated within two months of its discovery shall be deemed to have been communicated without delay. The Customer is responsible for the loss resulting from the delay of the communication.
The Customer can claim the product warranty claim against the manufacturer or the distributor of the movable property.
The manufacturer or distributor shall be exempted from his product liability obligation only if he can demonstrate that:
- the product was manufactured or placed on the market within the scope of non – business activities, or
- the error, according to science and technology, was not recognizable at the time of placing the product on the market
- the product defect stems from the application of a statutory or mandatory regulatory requirement.
It is sufficient for the manufacturer or distributor to provide one single reason for the exempt.
The Service Provider is under a warranty obligation for his products by the Civil Code (Polgári Törvénykönyv) and the Decree 151/2003 (IX.22.) Government Regulation, which means that during the warranty period the liability will only be exempted if the Service Provider proves that the defect is due to improper use of the product.
The warranty period begins with the actual delivery, ie the delivery of the product to the Customer, or if the installation is carried out by the Service Provider or its agent, the date of the installation is the beginning of the warranty period.
Durable consumer goods are the products listed in the Annex to Government Decree 151/2003 (IX.22.) on compulsory warranty on durable consumer goods, for which one year compulsory warranty period is required by law. The scope of the regulation applies only to new products sold under a consumer contract concluded in Hungary which are listed in the Annex of the Regulation.
The defect is not covered by the warranty if the reason of the defect has occurred after the product has been delivered to the Customer, for example if the defect is due to:
- improper installation (unless installation is carried out by the Service Provider or its authorized representative or if improper installation is due to a fault in the User Manual)
- improper use, disregarding the operating instructions in User Manual
- improper storage, improper handling, abuse
- elemental damage, natural disaster
In the event of a defect covered by the warranty, the Customer may
- primarily – according to his/her choice – require repair or replacement, unless the fulfillment of the selected warranty claim is impossible, or the Service Provider would have a disproportionate additional cost compared to the fulfillment of the other warranty claim, taking into account the value of the product in flawless condition and the severity of the breach of contract and the interest grievance of the Customer with the fulfillment of the warranty claim.
- if the Service Provider does not undertake any repairs or replacements, this obligation can not be fulfilled within a reasonable time saving the interests of the consumer, or if the repair or the replacement is not in the interest of the Consumer, Customer may, at his option, request a proportional reduction of the purchase price, or may correct (repair) the defect him/herself, or to have it repaired by someone else at the Service Provider’s expense, or may withdraw from the contract. There is no place for a withdrawal due to an insignificant error.
If Customer, due to product defect, validates replacement requests within three working days from the date of purchase (or installation), the Service Provider is obliged to replace the product, provided that the defect prevents its intended use.
Repair or replacement must be carried out within a reasonable time, to the best of the Customer’s interests. The Service Provider should strive to make repairs or replacements within a maximum of fifteen days.
That period of the repair time is not included in the warranty period, during the Customer can not use the product properly. In the case of replacement (or repair) of the product or part of the product and also as regards of the defect that may occur as a result of the repair, warranty time starts again for the replaced (repaired) product (product part).
The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider. The Service Provider’s warranty obligation shall be exempted only if he proves that the cause of the defect occurred after the delivery.
However, the Customer is not entitled to claim a warranty for quality and warranty claim, and product warranty and warranty claim simultaneously due to the same defect.
This warranty does not affect the enforcement of the Customer’s rights under the law in particular liability for defects, product liability and the right of compensation.
If there is a dispute between the Parties that can not be settled peacefully, Customer can initiate Conciliatory Body procedure.
For the products Service Provider sales undertakes a warranty period displayed on the Website which may be longer than the governmental regulation. The Service Provider indicates the duration of the warranty for each product by means of the data on the Warranty Sheet given at the latest when the product was received by the Customer.
- DIGITAL DATA CONTENT OPERATION, TECHNICAL PROTECTION MEASURES
COMPATIBILITY WITH HARDWARE AND SOFTWARE
The Service Provider guarantees the 95% availability of the Website annually. For measuring availability, a planned maintenance for up to 1 business day is not considered a loss, provided that the Service Provider has notified the Customer in advance on the Website of its timing and expected duration.
The Website works with all kinds of browser software and operating systems. The Website is communicated via HTTP. Communication via the Website is not encrypted.
The Service Provider reserves the right, where appropriate, to suspend the availability of any function temporarily or permanently terminate the function for all Customers (including in particular network segments, nicknames, e-mail addresses).
- LEGAL OPPORTUNITIES
7.1. Place, time and method of complaint management
Customer may submit consumer objections to the product or Service Provider’s activities on the contact details indicated in section 1. Service Provider will have to rectify the oral complaint as soon as possible. If the oral complaint can not be solved immediately because of the nature of the complaint or if the Customer disagrees with handling the complaint, then the Service Provider shall take a record of the complaint which will be kept for five years together with the substantive response to the complaint.
Service Provider submits a copy of the record to the Customer, in the case of an oral complaint. If this is not possible, he will proceed according to the rules of written complaint below.
In the case of an oral complaint with the use of telephone or other electronic communications services, the Service Provider shall send a copy of the record at the latest with the substantive reply.
In all other cases, the Service Provider proceeds in accordance with the rules of written complaint. The Service Provider responds substantively to the received written complaint within 30 days. The measure refers to postal dispatch under this contract. If the complaint is rejected, the Service Provider informs the Customer of the reason for the rejection.
7.2. Other enforcement options
If the potential dispute between Service Provider and Customer is not settled in negotiations with the Service Provider, the Customer, who is a consumer, may apply to the Conciliation Body competent for his place of residence and may initiate the proceedings of the Body. Customer may contact the Conciliation Body of the Service Provider’s heading, and the following enforcement possibilities are open to the Buyer:
– complaint to the Fogyasztóvédelmi Hatóság (Consumer Protection Authority),
– initiating the procedure of the Conciliation Body
The competent body of the Service Provider’s heading is The Békés County Conciliation Body (Békés megyei Békéltető Testület)
Békés Megyei Békéltető Testület
Address: 5600 Békéscsaba, Penza ltp. 5.
Tel: +36 (66) 324-976, 446-354, 451-775
Applying the Conciliation Body rules the following are deemed consumer: a non-governmental organization, a church, a condominium, a housing co-operative, a micro, small and medium-sized enterprise, the person who buys, orders, receives, uses, or is the recipient of the commercial communication and offer related to the goods.
- UNILATERAL MODIFICATION OF THE GENERAL TERMS OF CONDITIONS
Service Provider is entitled to modify these General Terms of Conditions unilaterally by informing users in advance on the Website. The amended provisions will enter into force for the Customer upon the first use of the Website and shall be applied to orders placed after the amendment.
These General Terms and Conditions enter into force on 01.01.2018.
The download of this document is available by clicking the following link: