Terms and conditions
1. APPLICATION OF THE TERMS AND CONDITIONS
2. OFFER, ORDER CONFIRMATION, SELECTION OF GOODS, STORAGE OF THE ORDER TEXT
3. DELIVERY TIMES, WITHDRAWAL, DAMAGE CAUSED BY DELAY, PARTIAL DELIVERIES 3.1. The goods will be delivered in 7 to 10 business days in European countries 3.2. Delivery is performed by sending the product to an address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. If additional delivery costs are incurred as a result of incorrect delivery address data, the customer is to refund these to LOOP. The customer will be obligated to ensure that delivery of the ordered goods to the stated address is possible during regular business and delivery hours. 3.3. Delivery times can only be observed if the customer has complied with his or her obligations (for example, advance payment, complete and accurate delivery address, etc.). 3.4. If LOOP fails to observe delivery deadlines, noting that longer delivery times apply for Sample Sale orders, the customer is to set LOOP an appropriate grace period in writing, which is to commence upon receipt by LOOP of the setting of the grace period. The customer will only be entitled to withdraw from the contract after the grace period has expired without any result. Withdrawal by the customer from the entire agreement as a result of partial delay or partial impossibility is only permitted if the partial service already performed for the customer can be proven to be of no interest to the customer. 3.5. Even in case of agreed periods and deadlines, LOOP shall not be responsible for delivery and service delays as a result of force majeure. Force majeure shall be deemed to be war, riot, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at the subcontractors of LOOP or where LOOP is not supplied by the subcontractors despite appropriate contracts that would have covered the requirement incurred by the agreement with the customer. In such event, LOOP shall be entitled to postpone the delivery or service by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled. 3.6. LOOP shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer. 4. PRICES AND SHIPPING COSTS 4.1. All prices include all necessary taxes. 4.2. Customs duties and fees for deliveries for deliveries outside of the EU shall be borne by the customer. 4.3. Shipping to any direction cost to EUR 7. Free shipping applies for orders above EUR 39 5. PAYMENTS, OFFSETTING, RETENTION 5.1. Payment for products ordered from LOOP is to be made by credit card (VISA, AMEX and MasterCard), or PayPal. LOOP reserves the right to accept other forms of payment in individual cases as well as to exclude forms of payment in individual cases. 5.2. The customer shall only be entitled to offsetting if his or her receivables are undisputed or have been legally determined. Any retention of payments by the customer as a result of counterclaims from other contractual relations is excluded. 6.RESERVATION OF TITLE The goods shall remain the property of LOOP until they have been paid for in full. Prior to the transfer of ownership, no further sale, rental, pledging, assignment as security, processing, or reconfiguration is permitted without the express consent of LOOP.
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7. WARRANTY 7.1. If the purchased product is defective, the customer is entitled to claims due to defects during the statutory period of limitation. 7.2. In the event that a customer is a contractor, namely that the order is in pursuance of the customer’s commercial or independent professional activity, claims for defects shall lapse within 12 months from delivery of the goods. This does not include any claims relating to death, personal injury or impaired health on the basis of a negligent breach of duty by LOOP or an intentional or negligent breach of duty by a legal representative or vicarious agent of LOOP. 7.3. If usage and maintenance advice issued by LOOP is not followed, if the products are modified, parts are exchanged, or consumables are used that do not comply with the original specifications, or if interventions are performed on parts for which this is not expressly authorized, the warranty will not apply if defects have arisen as a result of the aforementioned. 7.4. The customer’s claims based on defects remain unaffected in the event of the existence of a warranty for the ordered goods. 8. LIABILITY LOOP shall be liable without limitations in the case of injury to life, body and health. In the event of impossibility and delay and in the event of the violation of material contractual duties, LOOP shall also be liable for slight negligence; however, this is limited to typical, foreseeable damage. Material contractual duties (cardinal obligations) are such contractual duties, the fulfillment of which allows the proper performance of the contract in the first place and on the compliance with which the client regularly relies and also may rely. Typical, foreseeable damage is that which falls under the protective purpose of the respectively violated contractual standard. Otherwise, LOOP shall not be liable in the event of slight negligence. The aforementioned limitations of liability shall also apply to corporate bodies and agents of LOOP. 9.RIGHT OF CANCELLATION If the customer is a natural person who enters into a legal transaction for a purpose that can neither be attributed to commercial nor to independent professional activity (consumer), the customer is entitled to the right of cancellation CANCELLATION POLICY / RIGHT OF CANCELLATION You have the right to cancel this agreement within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which the goods are or have been taken into possession by you or a third party named by you who is not the carrier. In the case of a contract for various goods that you have ordered with a single order and which are delivered separately, the cancellation period is fourteen days from the date on which the last of the goods is or has been taken into possession by you or a third party named by you who is not the carrier. To exercise your right of cancellation, you must inform us (Iuliia Shvarts, 1139, Budapest, Rozsnyay utca 33/1) by means of a clear statement (e.g. with a letter sent by post, fax or email) of your decision to cancel this agreement. CONSEQUENCES OF CANCELLATION In the event of the cancellation of this agreement, all payments that we have received from you (excluding shipping costs), must be repaid immediately at the latest within fourteen days from the date on which the product is received back due to cancellation of this agreement with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in no case you will be charged any fees for this repayment. We may withhold the repayment until we have received the goods or until you have supplied evidence that you have returned the goods, whichever is the earlier. You must return or transfer the goods promptly, and in any event not later than fourteen days from the date on which you notify us of your cancellation of this agreement. The deadline shall be deemed to have been met if you dispatch the goods before the expiry of the period of fourteen days. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to ascertain the nature and functioning of the goods. 10. RETURNS For returns after the exercising of a right of cancellation or as a result of defects, the customer is requested to proceed as follows:
11. ORDERING PROCESS AND CORRECTION OF INPUT ERRORS IN OUR WEBSITE 11.1. You can view products in our Website by clicking on them. If you would like to order one or more of the selected products, then click on “Add to basket”. The products that you have selected are displayed by clicking once on the basket symbol. You then have the option to continue shopping and to place further items in your shopping basket. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “Checkout”. You will then be guided through our ordering process. In order to proceed, you can register as a customer, log in with an existing customer account or continue without registration. Following this step, you can specify the desired payment method. Before you place your binding order, we will display the information about the selected goods, the unit price, shipping costs, the total price, as well as the chosen method of payment. 11.2. You can correct input errors that arise during the order process at any time by clicking the fields displaying the respective stage of the ordering process – thus allowing you to navigate forwards or backwards – or by clicking the browser’s “Back” button. In addition, in the “Verify and Confirm” page, you can make direct changes to your shopping cart, billing- and shipping address and payment method by clicking on the respective fields. 12.LANGUAGE OF THE AGREEMENT, APPLICABLE LAW AND PLACE OF JURISDICTION 12.1. The agreement can be entered into in English or Hungarian language. Any and all disputes arising from the legal relationship existing between the customer and LOOP shall be subject to the laws of Hungary. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn on the basis of mandatory provisions of the law of the State in which the consumer has his or her habitual place of residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
12.2. Where a private end consumer is not resident within the European Union, the place of jurisdiction shall be the place of our registered office.
Private entrepreneur (egyéni vállalkozóról) Shvarts Iuliia, registration number 53619530, address 1139, Budapest, Rozsnyay utca 33/1. Email – hello@loopglasses.com. Tel +36 70 308 55 44 |