General Terms and Conditions

Effective from: 1 April 2022

1. General information, establishment of a contract between the Parties

1.1. These General Contracting Terms and Conditions (hereinafter: ‘GCTC’) apply to all goods that can be ordered on the webshop (hereinafter: ‘Webshop’) available through the website https://www.pliecollection.com (hereinafter: ‘Website’) operated by Plié Kft. (hereinafter: ‘Service Provider’). These GCTC apply to all electronic commerce services provided in the territory of Hungary through the Webshop.

1.2. Customer means any natural person who places an order on the Webshop. The term Customer incorporates the term consumer. A consumer is a natural person acting outside the scope of their profession, self-employment or business activity pursuant to Act V of 2013 on the Civil Code (hereinafter: ‘Civil Code’).

1.3. Purchases on the Webshop are regulated by the Hungarian legislation in force, in particular the Civil Code, Act CVIII of 2001 on E-commerce and Certain Issues Regarding Information Society Services, and Government Decree 45/2014 (26 February) on the Detailed Rules of Contracts Between Consumers and Businesses.

1.4. Purchases on the Webshop can be made by placing an order electronically, as set out in these GCTC.

1.5. The Service Provider shall not be liable for the fulfilment of the order, if the given product is not available in the meantime, the Service Provider is entitled to refuse the order.

1.6. The contract between the Parties is concluded upon acceptance of the GCTC by the Customer upon confirmation of the order by the Service Provider, as set out in the GCTC. If the Customer does not accept the terms and conditions of the GCTC, they may not use the services of the Webshop, and therefore may not register or place an order.

1.7. A concluded contract is deemed a written contract. The data stored in the written contract are the same as the data provided during the order. The language used for the contract and maintaining contact is Hungarian. The Service Provider does not archive the contract, it is not accessible at a later date.

1.8. Minors or persons with limited legal capacity may use the services of the Website only with the consent of their legal representative. Obtaining such consent is the responsibility and duty of the minor or person with limited legal capacity. The ordering interface of the Webshop and the Service Provider do not have the responsibility or the possibility to know and find out who
is on the user page during online transactions, therefore the responsibility lies solely with the Customer.

1.9. The Service Provider does not have a Code of Conduct pursuant to Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.

1.10. By submitting an order in the Webshop and ticking the box for acceptance of the GCTC, the Customer accepts and acknowledges the GCTC as binding.

2. Service Provider and hosting service provider details:

  • Company name: Plié Kft.
  • Registered office: 1119 Bp., Fehérvári street 83. B building, 1. floor
  • Mailing address: 1119 Bp., Fehérvári street 83. B building, 1. floor
  • Company registration no.: 13 09 202154
  • Tax number: 26110776-2-13
  • Bank account number: Erste Bank 11600006-00000000-80180478
  • E-mail: [email protected]
  • Phone number: +36 70 604 0641

Details of the Service Provider’s hosting service provider:

  • Name: Viacom Informatikai Kereskedelmi és Szolgáltató Kft.
  • Registered office: 2360 Gyál, Deák Ferenc utca 17.
  • E-mail: [email protected]

3. Order

3.1. The Website provides product demonstration and online ordering facilities for Customers. The User can browse the Website by using the menu items. The products are listed in categories.
Clicking on the name of a category will display a list of the products in that category. The images shown are photographs, the colour of which may vary depending on the screen used by the Customer. The Website allows Customer to search for products by keyword. Product results matching the search criteria are displayed in a list-like manner similar to the categories.

3.2. No registration is required to place an order on the Webshop, however, the Customer may create a user account during the ordering process in which the personal data provided during the ordering process will be stored. The creation of a user account makes it easier to place repeat orders on the Webshop; in this case, no personal data is required when logging in to
the user account. Registration also requires entering a password. Upon successful registration, the Customer is informed by e-mail and on the Website. The Customer may request the deletion of their registration by e-mail from the Service Provider, in which case they will have to re-enter their data for a new purchase. The Customer is responsible for keeping the access
data confidential. The Customer is responsible for updating their data and shall notify the Service Provider if they become aware that their data have been misused by a third party. In the event of a forgotten password, a new password can be requested on the Website for the registered e-mail address.

3.3. When completing the order form, it is necessary and possible to provide the following data: name, e-mail address, telephone number, billing address, delivery method, delivery address, coupon code, comment. Customers may only enter their own personal data on the Website.
To successfully place an order, the Customer must accept these GCTC and the Privacy Policy by ticking the relevant box. By ticking the boxes, the Customer declares that they have read, understood and fully comply with all the provisions of these GCTC and the Privacy Policy and accept the provisions thereof as binding. During the ordering process, Customer can also
create a user account and subscribe to our newsletter.

3.4. The Customer is solely responsible for the accuracy, currency and veracity of the data provided. The Service Provider excludes any liability that occurs in relation to the inaccuracy, typing error in the data supplied on the Website, or from the supply of false data and information. The Service Provider shall not be held liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate information provided by the
Customer. The Service Provider shall not be liable for any damages resulting from the Customer forgetting their password or if the password becomes accessible to unauthorised persons for any reason not attributable to the Service Provider.

3.5. Possibilities for rectifying data entry errors: Customer can view and modify the contents of the shopping cart during the order process, if the cart does not contain the quantity Customer wishes to order, Customer must enter the quantity he/she wishes to order in the data entry field in the ‘Quantity’ column and click on the ‘Update Cart’ button, after which the system will
update the number of items entered. If the Customer wishes to remove items from the shopping cart, set the ‘Quantity’ to 0 and click on the ‘Update Cart’ button. During the order process, the Customer can correct/delete the data entered. If the Customer has already proceeded from the form to be corrected, but has not yet finalised the order, it is advisable to click on the back button of the browser (arrow in the upper left corner of the screen) until the desired page appears, where they can make the changes. Further amendments to the data concerning the submitted order can be made using the contact details indicated in these GCTC.

3.6. The properties and characteristics of the products available for purchase on the Webshop can be found on the specific product page. For more information about the sizing of the clothes, the Customer can find more information under the ‘Sizing chart’ menu. If the Customer needs
more information about the properties, use or usability of any product on the Webshop than is provided on the Website, they should contact the Service Provider.

3.7. The price indicated next to the products is always in HUF and is the gross purchase price of the product, including VAT, but excluding delivery costs. The cost of delivery is gross HUF 2,500 for all deliveries to Hungary (if delivered by the Hungarian Post Office HUF 4,000), gross HUF 16,000 for all deliveries to any EU country, and for non-EU countries Service Provider calculates the price individually and send Customer an e-mail with
the delivery tariffs for the country concerned. The delivery costs are indicated in a separate line next to the price of the product after selecting the delivery. In the order confirmation, Service Provider indicates the price of the products and the delivery costs on a separate line.

3.8. The Service Provider reserves the right to change the prices of products that can be ordered from the Website, with the modification taking effect simultaneously with the uploading of the product to the Website. The change does not adversely affect the purchase price of products already ordered.

3.9. If, despite all the care taken by the Service Provider, an incorrect price is displayed on the interface of the online store, in particular a price of HUF ‘0’ or HUF ‘1’ that is obviously incorrect, e.g. significantly different from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the Service Provider is not obliged to sell the product at the incorrect price, but may offer to deliver the product at the correct price, in
the knowledge of which the Customer may withdraw from the purchase.

3.10. Gift card: The Webshop also offers the possibility to purchase gift cards of the value specified therein or specified by the Customer. The gift card will indicate the amount to be redeemed, the name of the person receiving the gift and the validity of the gift voucher. The amount indicated on the gift voucher can be redeemed in the Webshop. The gift voucher and the corresponding coupon code is sent to the gift recipient by e-mail or by post in printed form.
The gift voucher code can be used by the gift recipient at the next purchase on the Webshop or in the Service Provider's shop. The expiry date of the coupon is 6 months from the date of issue.

3.11. The order is only accepted by the Service Provider via the Website if the Customer has fully completed all the details required for the order. The Service Provider shall not be liable for any delivery delays or other problems or errors caused by the Customer's incorrect and/or inaccurate order details.

3.12. Order process:

  • Step 1: The product Customer wishes to purchase is added to the shopping cart by clicking on the ‘Add to Cart’ button. Prices include VAT. The VAT rate is the percentage specified in the current VAT Act. If the Customer finds the contents of the ‘Shopping Cart’ to be correct, they can click on the ‘Proceed to Checkout’ button to proceed to the order page.
  • Step 2: On the ‘Billing Details’ page, the details required for delivery and billing must be entered. This page also shows the price of the product Customer wishes to purchase and the delivery cost. The delivery and payment method can also be selected on this page. For a successful order, the fields marked with an asterisk are mandatory and the Customer must accept these GCTC and the Privacy Policy by ticking the relevant box. Without acceptance of these GCTC and the Privacy Policy, the order cannot be completed.
  • Step 3: If the Customer finds everything in order and has selected the option of online payment by credit card, they click on the ‘Submit Order’ button to go to the payment service provider's interface where they can complete the payment by credit card.

3.13. The placing of an order by the Customer does not in itself result in the conclusion of a contract between the Service Provider and the Customer. After receiving the Customer's purchase offer (order), the Service Provider is obliged to confirm the order to the Customer electronically (by e-mail), which confirmation e-mail contains the data provided by the Customer during the
order or registration (e.g. billing and delivery information), the order serial number, the date of the order, the list of items belonging to the ordered product, the quantity, the price of the product and the final amount to be paid. If this confirmation is not received by the Customer within 48 hours of the offer being sent, the Customer's obligation to make an offer or any
other obligation shall automatically terminate without any further conditions.

3.14. The Service Provider reserves the right to change a promotional offer without prior notice, to limit the availability of individual promotions, or to change the start and end dates of the promotions advertised. The Service Provider accepts no legal liability for any changes to the above.

4. Payment and delivery terms and conditions

4.1. The Customer may pay the purchase price in the following way:

  • through online payment by credit card on the Website.

4.2. The online payment by credit card is made through an electronic system operated by a payment service provider contracted by the Service Provider and independent of the Service Provider. Online payment by credit card is provided by OTP Mobil Kft. (1093 Budapest, Közraktár utca 30-32; [email protected]; +36 1/20/30/70 3-666-611). In the case of
online payment by credit card, the Customer can make the payment on the payment provider's own payment page. The Customer may not close the payment interface (browser window) of the payment service provider during the online payment process. Online payments are subject to the terms and conditions of the payment service provider, the card company concerned and the business rules of the financial institution issuing the card and crediting the
amount. The Service Provider does not process the Customer's credit card data.

4.3. Payment of the fee is considered made when the amount due is credited to the Service Provider's bank account.

4.4. The Service Provider issues an electronic invoice and the Customer receives the issued invoice by e-mail within 5 working days after the payment of the invoice amount.

4.5. The cost of delivery is gross HUF 2,500 for all deliveries within the territory of Hungary (if you choose the Hugarian Post Service, HUF 3,500) and gross HUF 16,000 for deliveries to any EU country. The Service Provider informs the Customer about the cost of delivery on the order interface before the submission of the order.

For the delivery of goods sold under a distance contract pursuant to Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses, the possibility of using the postal service provided by the universal postal service provider for the delivery of goods sold under a distance contract is provided by the business with a commercial website on its website, provided that the delivery of the goods sold under a postal service contract is allowed by the universal postal service provider in its general terms and conditions.

Translated with DeepL.com (free version)

 

4.6. The following methods are available for the delivery of the ordered product:

  • home delivery by courier (DPD)
  • Foxpost home delivery
  • pick-up at a Foxpost parcel terminal.

4.7. Home delivery can be requested nationwide. The delivery address can be the Customer’s home or even Customer’s work address. The delivery address may differ from the billing address. The delivery address should be the address where the Customer is most likely to be when the delivery is expected.

4.8. The delivery time is usually 1 to 5 working days from the day after the order is placed, provided the product is in stock. For deliveries abroad, the delivery time to EU countries is 7-10 working days, while outside the EU the delivery and customs clearance time may vary from country to country, but in any case it will be longer than 10 delivery days. In case of individual
pre-orders, the delivery time is 2 weeks. The exact time of delivery for all orders is communicated to the Customer by the courier services by e-mail or text message.

4.9. Delivery is made on working days between 8:00 and 17:00. The Customer can contact the courier service for further clarification of the delivery time.

4.10. When the order is fulfilled, at the time of delivery, the Customer or the recipient is obliged to check the integrity of the parcel, to check the parcel with the courier in the case of a damaged parcel and to sign the opening report (any defects must be noted in the report). After this, Service Provider are not able to accept any complaints regarding defects. The Customer is obliged to check the package as soon as possible after receipt and to ensure that the items on the invoice correspond to the products ordered and delivered. If any problem arises in this respect, Service Provider recommend that the Customer contact [email protected] without delay, if possible, in order to deal with the error.

4.11. Redelivery costs due to the failure of delivery through the fault of the Customer shall in all cases be borne by the Customer. In case of consecutive unsuccessful deliveries, the Service Provider reserves the right to limit the Customer's orders (only previously settled purchases).

5. Warranty, product liability, guarantee

5.1. The provisions of the effective Civil Code apply to warranty, product liability and guarantee.

a) Warranty
In the case of defective performance by the Service Provider, the Customer may assert a warranty claim against the business in accordance with the provisions of the Civil Code.
The Customer may, at their own discretion, make the following warranty claims:

  • They may request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of another claim. If the repair or replacement was not or could not be requested, the Customer may request a proportionate reduction of the consideration or the Customer may have the defect repaired or replaced at the expense of the Service Provider or, as a last resort, may withdraw from the contract. Neither Party is entitled to withdraw from the contract due to an insignificant error.
  • The Customer may switch from one warranty right to another, but the cost of the switch shall be borne by the Customer, unless it was justified or the Service Provider gave a reason for it.
    The Customer shall notify the Service Provider of the defect immediately after its discovery, but not later than two months after the discovery of the defect. In the case of a contract between a consumer and a business, a defect communicated within two months of the discovery of the defect shall be deemed to have been communicated without delay. The Customer, who is a consumer, may not enforce their warranty rights beyond the two-year
    limitation period from the date of performance of the contract. If the Customer is not a consumer, the limitation period shall be one year.
    The Customer may enforce their warranty claim against the Service Provider.
    Other conditions for the enforcement of warranty rights: Within one year from the date of performance, there is no other condition for asserting a warranty claim other than the notification of the defect, if the Customer proves that the product was provided by the Service Provider, which can be proved by an invoice issued by the Service Provider.
    However, after six months from the date of performance, the Customer shall be obliged to prove that the defect which they discovered existed at the time of performance.

b) Product liability
In the case of a defect in a product sold to them by the Service Provider, the Customer, who is a consumer, may, at their own discretion, exercise their right under paragraph a) or claim under the product liability. As a product liability claim, the Customer may only request the repair or replacement of the defective product. A product is deemed to be defective if it fails to comply with the quality requirements in effect at the time it is released to the market, or if it does not have the features included in the product description provided by the manufacturer. The Customer has two years from the date on which the product was placed on the market by the manufacturer to make a claim under product liability. Their right will lapse after this deadline.

The Customer may only exercise their right to claim under product liability against the manufacturer or distributor of the product. In the case of a product liability claim, the Customer must prove that the product is defective.
The manufacturer (distributor) is released from product liability only if it is able to prove that:

  • it did not manufacture or distribute the product in the framework of its business activities, or
  • the defect was unrecognisable using the technology available at the time of releasing the product to the market, or
  • the product defect arises out of the application of legislation or a statutory requirement. Manufacturers (distributors) need to prove only one of the above reasons to be released.

The same defect may not give rise to simultaneous and parallel claims under warranty and product liability. However, in the case of a successful product liability, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

c) Method of submitting a warranty claim
The Customer may submit a guarantee or warranty claim by sending a postal or electronic letter to the Service Provider.
The letter must include:

  • the name and address of the Customer,
  • the name of the product, the purchase price,
  • the date of the Purchase,
  • the date of notification of the defect,
  • the description of the defect,
  • the claim the Customer wishes to assert.

6. Withdrawal

6.1. After taking delivery of the product, the Customer is obliged to check the content, condition and quality of the product and to immediately notify the Service Provider via its contact details if something is missing or if they notice any discrepancies.

6.2. Pursuant to Government Decree 45/2014 (26 February) on the Detailed Rules of Contracts
Between Consumers and Businesses, the Customer, who is a consumer, has the right to withdraw from the contract within 14 days without reasoning. The withdrawal period expires 14 days after the date on which the Customer or the third party designated by the Customer, other than the carrier, takes delivery of the ordered product goods. In the case of the supply of more than one product, it shall expire 14 days after the date on which the Customer or the
third party designated by the Customer, other than the carrier, takes delivery of the last product. The Customer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product. If the Customer wishes to exercise their right of withdrawal, they must send a clear statement of their intention to withdraw to the Service Provider (for example, by post, by electronic mail) using
one of the contact details indicated in Section 2 of the GCTC.
For this purpose, the Customer may also use the template withdrawal statement in Annex 1 to these GCTC.
The Customer exercises their right of withdrawal within the deadline if they send their withdrawal statement before the expiry of the deadline indicated above.

6.3. If the Customer withdraws from the contract, the Service Provider reimburses the Customer for all consideration paid, including the delivery costs (excluding any additional costs incurred due to the Customer's choice of a delivery method other than the cheapest standard delivery
method offered by the Service Provider), without delay and at the latest within 14 days of receipt of the Customer's withdrawal statement. For the refund, the Service Provider shall use the same payment method as the one used for the original transaction, unless the Customer expressly agrees to use a different payment method; the Customer shall not incur any additional costs as a result of the use of this refund method. The refund may be withheld by
the Service Provider until the product is returned or the Customer provides proof that it has been sent back (whichever is earlier).

6.4. The Customer shall return or hand over the product to the Service Provider without undue delay, but no later than 14 days from the date of the communication of their withdrawal statement. The deadline is deemed met if the product is sent before the expiry of the 14-day deadline. The direct cost of returning the product shall be borne by the Customer.

6.5. The Customer may only be held liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature and characteristics of the product.

7. Complaint handling

7.1. The Customer may submit any complaints that may arise during the purchase to one of the contact details listed under Section 2. The Service Provider handles each complaint free of charge.

7.2. Verbal complaint
The Service Provider investigates the Customer's verbal complaint without delay and, if possible, remedies it immediately. If the Customer does not agree with the complaint handling or if it is not possible to remedy the complaint immediately, the Service Provider shall record the Customer's complaint and shall agree and approve its content with the Customer. The
Service Provider provides a copy of the record to the Customer. Upon receipt of the complaint, the Service Provider investigates the complaint and sends a reasoned reply to the Customer within 30 days of the date of submission of the complaint.
Complaints communicated by telephone are recorded by the Service Provider, in which case the audio recording replaces the record referred to above.

7.3. Written complaint
In the case of a written complaint, the Service Provider investigates the complaint upon receipt and sends the Customer a written reply on the outcome of the investigation within 30 days of
the date of the complaint. Upon request, the Service Provider notifies the Customer of the result of the investigation by electronic means.
The complaint is investigated, rejected or remedied by the Service Provider in accordance with the legal provisions in force.
In its reply, the Service Provider states the results of the full investigation of the complaint, the measures taken to remedy the complaint and, in the case of rejection, the reasons for the rejection. The Service Provider provides information with clear and understandable explanations, using simple language and avoiding the unjustified use of legal terms. The
Service Provider endeavours to provide a substantive response to all the Customer's objections in its reply.
The Service Provider archives written complaints, including records of complaints made in person, and the replies to them for a period of five years. After the expiry of the retention period, the Service Provider scraps the data carriers (documents).

7.4. Legal remedy
If the Customer's complaint is rejected in whole or in part, or if the time limit set above for the investigation of the complaint has expired without result, the Customer may appeal to the following authorities and bodies:
Budapest Government Office Technical Licensing and Consumer Protection Department, Consumer Protection Division
Address: 1052 Budapest, Városház u. 7
Phone number: +36 1 450 2598
Conciliation Board operating alongside the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99
Postal address: 1253 Budapest, P.O. Box: 10
Phone number: +36 (1) 488-2131
Fax number: +36 (1) 488-2186
The Service Provider has a duty of cooperation in the proceedings before the conciliation board.
If the dispute cannot be resolved by one of the above methods or by other mediated means, the Customer may bring the dispute before a court.

7.5. The Customer may initiate an out-of-court settlement of their complaint about a product or service purchased online through an online dispute resolution procedure. They can initiate online dispute resolution on the following website, where they can also find detailed information on the possibilities and conditions of online dispute resolution:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

8. Data protection
The Service Provider treats the personal data in its possession as confidential and uses them only for the purposes set out in the Privacy Policy on the Website. When processing personal data of the Customer, Service Provider complies with the effective data protection legislation.  The Service Provider's detailed Privacy Policy is available on the Website.

9. Closing provisions

9.1. The degree of security of the Website operated by the Service Provider is satisfactory, but Service Provider still recommends Customer taking the following precautions: use virus and spyware protection software with an up-to-date database and install the security updates of
the operating system. The use of the Website implies that the Customer is aware of the technical and technological limitations of the internet and accepts the potential for error inherent in the technology.

9.2. The Service Provider cannot be held liable for any damage which occurs as a consequence of connecting to the Website. The Customer is responsible for protecting their computer and the data on it.

9.3. It is strictly prohibited to forward, disclose or share any content not permitted by law on the Website. The Service Provider reserves the right to delete content uploaded by Customers.

9.4. In matters not regulated in the GCTC, the provisions of the Civil Code and other applicable Hungarian legislation shall apply.

Our detailed privacy policy can be found here