Terms & Conditions
This document shall not be registered and shall exclusively be concluded electronically, shall not be qualified as a written agreement, shall be written in Hungarian and shall not refer to any Code of Conduct. In case of any issues related to the operation or procedures of the shop we shall be at your disposal by using our available contact details.
These General Terms and Conditions shall be in effect related to the legal relationships concluded on the website and subdomains of the Service Provider (https://cafetiko.com). These General Terms and Conditions are permanently available at https://cafetiko.com/en/content/3-tc-of-use
1. Contact Details of the Service Provider:
Service Provider’s Name: Costa Rica Café Ltd.
Service Provider’s Principal Address: 2013 Pomáz Vincellér utca 21., Hungary
Tax Number: 29167801-2-13, HU29167801
Company Registration Number: 13-09-211556
Company Registration Authority: Budapest Environs Regional Court
Email address: cafetiko@cafetiko.com
The official language hereof is Hungarian, which shall prevail over other languages used in any translation.
Hungarian version is available under https://cafetiko.com/hu/content/3-aszf
2. General Provisions
- For issues not regulated in these Terms and Conditions of Contract and for the interpretation of the aforementioned Terms, the Hungarian laws shall apply, with special regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on Certain Issues related to the Electronic Commercial Services and the Information Society (“Electronic Commerce Act”) and Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies. The binding provisions of the relevant laws are applicable to the parties without separate agreement.
- Terms and Conditions of Contract Code shall enter into effect as of 7 July 2020 and shall remain effective until withdrawal. The Service Provider has the right to modify these Terms unilaterally. The Service Provider shall publish the modifications on the website 15 (fifteen) days prior to their effective date. Users, by using the website, accept that all rules pertaining to the use of the website shall automatically be applicable to them.
- The Service Provider shall maintain all rights regarding the website, any of its details and the contents displayed as well as of the distribution of the website. It is prohibited to download, electronically store, process or sell the contents or any of their details displayed in the website without the written consent of the Service Provider.
- You are responsible to provide valid and real data during registration and when ordering products. The contract shall be deemed as invalid and the Service Provider excludes any liability, if during registration or when ordering products invalid personal data is provided, or the provided data is linked to another person.
- Service Provider shall not be held liable for late delivery or any other problem due to reasons inherent providing incorrect and/or erroneous data.
- Service Provider shall not be held liable if you forget your password, or your password gets exposed to any 3rd party for any reason not imputable for Service Provider.
3. Products and Services to buy
- All goods are to be ordered online or personally. All prices are quoted as gross prices and include value added tax, which is to be paid by the Customer in the amount specified by applicable law. Prices do not contain shipping fees. Separate packaging cost shall not be applied.
- In the webshop Service Provider indicates the name of the products, respective descriptions and provides a photo for the products.
- In case of missing or erroneous information published in the webshop (product descriptions, prices, etc.) Service Provider retains the right to correct these. After recognition and correction, you will be notified about the information changed and you are eligible to confirm or cancel the particular order.
4. Shipment options
https://cafetiko.com/en/content/1-delivery
5. Confirmation of orders and conclusion of the contract
- You shall receive the confirmation via email after submitting your order. As long you do not receive this confirmation within the reasonable time depending on the characteristics of the service but latest 48 hours, you are automatically absolved of your contractual obligations. Confirmation shall be treated as received by Service Provider and You when it will be accessible to the Parties. Service Provider declines its responsibility to timely confirming orders if You have provided an incorrect email address during registration or emails can’t be sent to your address due to storage issues.
- You acknowledge that the confirmation is automatic and does not originate contractual binding.
- Contract comes into existence when Service Provider after the automatically sent confirmation notifies you in a separate, newly sent email informing You about the details of the received order and its fulfillment (contract comes into existence)
- If Service Provider is not fulfilling its obligation to ship the product because the subject of the contract is not in the possession of the Service Provider, Service Provider is obliged to notify You and refund the amount paid by You with immediate effect.
6. Right of withdrawal
Directive 2011/83/EC of the European Parliament and the Council and Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses governs the right of withdrawal.
In case you would like to exercise your right of withdrawal, you are obliged to notify Service Provider via email to Service Provider’s email address.
Under the aforementioned legislative provisions, You cannot exercise your right of withdrawal among other things for:
- Goods that have been explicitly requested by You or have been produced according to Your instructions
- Goods that have been tailored for You
- Perishable goods or goods with short minimum durability or use-by date
- Goods that due to their characteristic are inextricably mixed with other goods after transfer
- Goods in sealed packaging, which cannot be returned after opened due to health or hygienic reasons
Having regard to the nature of the goods Service Provider is offering in its webshop, You explicitly acknowledge that you cannot exercise your right of withdrawal due to health and hygienic reasons after opening the sealing of the pre-manufactured goods, or if the goods have been explicitly produced upon your request.
You are obliged to return the goods without delay – within maximum 14 days – to the address of Service Provider. You shall bear of shipment costs of the return.
You are obliged for the packaging of the goods and you are liable for any damage of the goods. Service Provider cannot be held liable for any damages resulting of improper packaging.
Service Provider is obliged to refund You within 14 days after returned goods have been received by Service Provider.
Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses is available here.
Directive 2011/83/EC of the European Parliament and the Council is available here.
You can turn to Service Provider with other disputes as well using the aforementioned contact forms.
The right of withdrawal can not be exercised by parties who/which act as its self-occupation or business.
You are obliged to compensate Service Provider’s reasonable costs if You exercise your right of withdrawal after Service Provider started the service delivery.
7. Handling of complaints
- Our ambition is to fulfill each order with the greatest customer satisfaction. Though in case you would have any complaints with our service, the contract or its fulfillment, please contact us via sending an email to cafetiko@cafetiko.com or via postal mail.
- Your written complaint will be investigated and you will get a written reply from us within 30 days. All complaints are documented and stored for 5 years, and in case of an audit be handed over to the auditing authorities.
- In case your complaint will be denied, you can turn to the Arbitration Board („Békéltető testület”) or the Hungarian Authority for Consumer Protection („Nemzeti Fogyasztóvédelmi Hatóság”)
Arbitration Board of Pest County:
Pest Megyei Békéltető Testület
Address: 1119 Budapest, Etele út 59-61. II. em. 240.
Postal Address: 1364 Budapest, Pf.: 81
Phone: +36 1 269 0703
E-mail: pmbekelteto@pmkik.hu
Web: http://www.pestmegyeibekelteto.hu
· List of Arbitration Boards: http://www.bekeltetes.hu/index.php?id=testuletek
· The procedure of the arbitration board may only be initiated after the consumer has attempted to settle the disputed matter with the affected enterprise directly.
· The arbitration board’s procedure shall be initiated at the request of the consumer.
· The arbitration board shall make decisions on the complaints on the basis of the attached documents and personal interviews or, in exceptional cases, expert evidence.
· The arbitration board’s procedure is free of charge.
The arbitration board shall only make a recommendation as a result of the procedure, which cannot be enforced in court.
If, during the procedure, You and Service Provider reach a settlement, the arbitration board shall incorporate the settlement in a binding decision.
If you are seeking legal protection against alleged infringements of consumer protection laws and not in your personal legal dispute, you can contact the Hungarian Authority for Consumer Protection.
Hungarian Authority for Consumer Protection:
According to the Government Decree No. 387/2016. (XII. 2.) on the designation of the consumer protection authority
· first instance authority: District Offices (list of DOs: http://jarasinfo.gov.hu)
· second instance authority: Government Office for Pest County (http://www.kormanyhivatal.hu/hu/pest).
8. Miscellaneous
- Any dispute arising out of or in connection with this site or these Terms and Conditions of Use shall be governed solely by the laws of Hungary, without regards to conflicts of law rules.
- In case any part of these Terms and Conditions of Contract becomes invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness or enforceability of the remaining parts.
- If the Service Provider does not exercise his rights to which he is entitled based on these Terms and Conditions of the Contract, the failure of not exercising the rights shall not be deemed as waiver of such rights. Waiver of any rights is valid only in case of a relevant expressed written statement. The fact that the Service Provider once does not strictly insist on any essential part or clause of these Terms, does not mean that he has waived the right to later insist on the strict compliance with the given condition or clause.
- The Service Provider and the Customer shall try to settle their disputes amicably.
Pomáz, 1st May, 2021.