TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS 

Welcome to the website of VIKTORIAVARGA Kft. By purchasing any goods via our website and/or using any of our services, you accept these General Terms and Conditions (hereinafter “GTC”).  This GTC shall be applicable in case of any contractual relationships concluded on the website and/or on the webshop of VIKTORIAVARGA Kft. The entire text of the GTC is available at www.woocommerce-989784-3851106.cloudwaysapps.com  You expressly agree that you use our website/webshop at your own risk.

1. INTRODUCTION OF THE COMPANY

VIKTORIAVARGA Kft. has been established in 2018. We envision bringing classic timeless elegance into contemporary fashion language and daily life. 

2. COMPANY DETAILS

Company’s name: VIKTORIAVARGA Kft. (hereinafter as “ViktoriaVarga” or “we”)

Company’s registered seat: 1054 Budapest, Akadémia u. 7. 4. em 4/a.

SHOWROOM: Steindl Imre street 9, ground floor 2., Budapest 1054, Hungary  

Registration number: 01-09-332-450

Tax number: 26566672-2-41

Representative: Viktória Varga

Telephone number: +36 20 469 5277

Email address: [email protected]

ViktoriaVarga is entitled to 

• expand the scope of its goods and/or services; 
• suspend the selling of any goods/ providing of any services; 
• fully terminate the selling of any goods/ providing of any services.

ViktoriaVarga is entitled to suspend or to refuse to sell goods or to provide services if you

• intend to purchase or use such goods or services in contradiction with the provisions of this GTC, or 
• there is any supposed misuse in connection with the goods/service

First Step: Registration 

You can purchase products on our webshop with or without registration.  If you register, you declare that 

• you are allowed to purchase our goods/use our services,
• you are familiar with the terms of this GTC and accept those terms,  
• you are aware of and accept other policies and regulations published on our website,  
• you give your consent to manage and process your personal data as described in our Privacy Policy.

Upon registration, ViktoriaVarga sends an automatic email to you confirming your registration. If you do not want to register, you can purchase product(s) on our website only, if you declare that you are aware of and accept this GTC, and you give your consent to manage and process your personal data as described in our Privacy Policy. Upon registration, the information you provide shall be accurate and valid. If any of your registration information changed, please change your details under your profile information or notify us.  In case you provide invalid or non-existent data during registration, the contract with ViktoriaVarga shall be null and void. ViktoriaVarga excludes its liability for any damages in the following cases (non-exclusive list): 

• you purchase goods and/or use our services with another person’s data;
• you forgot your password or your password/user’s name became available to a third person, and such third person purchase goods and/or use our services with your data;
• late delivery if it was caused by incorrect and incomplete data provided by you.

To ensure that the shopping procedure is simple and secure, ViktoriaVarga uses Secure Socket Layer (SSL) technology. 

Second Step: Placing an order 

After registration, you can begin shopping. You can choose from our many products and put the required product(s) into your shopping bag. You can choose from different colours and sizes, and also several of our products is also available as made to measure. To make the entire process easier ViktoriaVarga provides certain information about the product within the webshop:

• name and description, 
• size and material information, 
• suggestion for care, 
• photo.

There might be a slight difference between the actual product and the photo about the product. ViktoriaVarga is not liable for the differences between the photo of our product on our webshop and the real appearance of the product. 

Third Step: Check out 

Once you have checked your bag and it is in line with your required purchase in colour, quantity and size, you can continue the purchase process by clicking on the “Check out” button. By clicking on this button, you can start the payment procedure. 

Shipping information:  

First, you should provide your shipping information: 

• first name and last name/company name
• shipping address 
• telephone number 
• e-mail address

Shipping method: You should select the shipping method. In the webshop, the shipping fee will be calculated automatically on the basis of the shipping address. 

Billing address: As an (optional) part, you can provide your billing address, which can differ from the shipping address. 

Payment: You can choose between two payment methods. Pay with your credit card using checkout.com to complete your order or use your PayPal account. All transactions are secure and encrypted. We never store your credit card information. 

Review Order: By clicking on “Review order” button at the end of the page, you can edit your order including the customer information along with shipping address, the shipping method and payment method.  

Complete order: You can click on the “Complete order” button and you can pay the purchase price of the product according to the chosen payment method. When you are completing your order, the purchase price, the shipping fee and all other applicable fees (if any) will be included in the final price. Hence, the final price you are paying – using the chosen payment method – is the price you have to pay to receive the product(s). 

Fourth Step: Order confirmation After completing an order, ViktoriaVarga sends you an order confirmation email without delay, but not later than within 48 hours from the time of the order.  In case you do not receive an order confirmation email – within the above deadline – you can choose from two options: 

• you can be released from the obligation to purchase our product, OR
• you can contact us, if you still intend to purchase our product. 

The above options are not applicable in the following cases: 

• the order confirmation delays due to the fact that you provided a false or incorrect email address during the registration process, 
• your email account is not able to accept messages because your inbox is full.

Hence, in these cases, you are obliged to purchase the product, even if you did not receive the order confirmation within the deadline. Of course, you still have the return option. For more information please check point 6 of this GTC.   Please note that the confirmation email shall not be considered as an acceptance of your order. The confirmation e-mail only confirms that ViktoriaVarga has received your order. Acceptance of your order shall be completed when ViktoriaVarga sends a shipping notification email to you to confirm that the items have been sent to you.

4. PURCHASE INFORMATION

Purchase prices on our webshop are displayed in Euro and in HUF. Under currency settings, you can choose the applicable currency. Our purchase prices include VAT in line with the relevant, Hungarian tax regulations, but does not include shipping fees. You can check the shipping fees under point 5 of this GTC.  Charges on your bank statement will appear as “ViktoriaVarga Kft.”. In case we introduce special prices/sale prices, we provide detailed information on that on our website.  

ViktoriaVarga accepts the following types of payments: 

• PayPal 
• Visa, MasterCard, AMEX, DISCOVER debit cards

If the issuer of your payment card refuses to authorize the payment to ViktoriaVarga, we shall not be liable for any delay or non-delivery. The total amount to be paid includes all costs on the basis of your order and the confirmation email. The invoice shall be sent to you in the package.

5. DELIVERY

We currently deliver in all European Union countries by courier. 

Right to reject an order: ViktoriaVarga reserves the right to reject any order which has been already confirmed. In such a case ViktoriaVarga will inform you without delay and shall refund the whole amount paid by you without delay, but not later than thirty (30) days. 

Defect on the webshop: When any defect occurs in our webshop in relation to products or prices (for example obviously disproportionate price is indicated on our webshop), ViktoriaVarga maintains its right to correction. In this case, ViktoriaVarga informs you about the new data (new/real price) without delay. Based on this new data (new/real price), you can confirm your order once again or you can exercise your right for withdrawal.  

Quantity limitation: We may, in our sole discretion, limit or cancel quantities of the products purchased per person. In the event that we make a change or cancel an order, we will contact you via e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any customer or postal address. 

Exchange of items: You can return any item for a direct exchange within fourteen (14) days of receiving your original order, without reasoning. Any item returned exceeding the fourteen (14) day return deadline is not be eligible for an exchange. In the event of an exchange, you shall send back the product to ViktoriaVarga, to the following address: Steindl Imre street 9, ground floor 2., Budapest 1054, Hungary. In this case, the shipping fee will be covered by you and you may choose any delivery company you wish. The new product chosen by you after the exchange will be delivered to you by DPD / GLS and the shipping fee will be covered by ViktoriaVarga. If the item you want to exchange is out of stock in the size and/or colour you have opted for, then a refund will be taken place instead. For information please see provisions set forth in case of return (point 6. of this GTC)  

Defective Items: In the event of defective products, you shall contact ViktoriaVarga in order to send back such products. In this case the pick-up will be organized by ViktoriaVarga and also the shipping fee will be covered by ViktoriaVarga. As ViktoriaVarga receives the item, a quality control procedure shall take place in order to determine that whether the returned item is defective or not.  If the product is defective you have two options: 

• You can exchange the defective product for a new one. If you choose this option the courier will deliver the new product to you and the shipping fee/customer clearance will be covered by ViktoriaVarga.
• You have the right of withdrawal according to point 6. In this case, ViktoriaVarga shall pay back the whole amount of purchase price (including shipping costs) to you in the same payment method as the original payment was made.

If the product is not defective, point 6 of this GTC shall be applied, hence you will be responsible for return shipping costs. 

SHIPPING FEES AND DELIVERY TIMES

DOMESTIC

EUROPEAN UNION

Delivery times are indicated from the day when the order has been confirmed by ViktoriaVarga. In some cases, the delivery time might be longer then the above mentioned delivery times, but ViktoriaVarga shall inform you about the expected length of the delay. However, we cannot take responsibility, if the delivery time is longer than indicated above.

We currently ship in EU countries, please contact us for special arrangements in case of order in from outside EU.

Delivery agent, customs, P.O. Box: All products purchased from ViktoriaVarga will be delivered by special courier, is also liable for customs clearance procedures. ViktoriaVarga is not responsible for the customs duty and the customs clearance fee. We do not ship to P.O. Box addresses.

6. RIGHT OF WITHDRAWAL/RETURN

Announcement deadline: You can announce your right of withdrawal within fourteen (14) days of receiving your original order without reasoning (“return”). You shall announce such right in an expressed statement sent to our central email address ([email protected]) within the above fourteen (14) days deadline.

We recommend trying on all purchased items once received, to ensure adequate time to return items if necessary.

Items must not have been used in photography shoots, Instagram posts, online, commercially or for personal gain.

In case of a return, you shall send back the item to us without delay, but within fourteen (14) days at the latest from the announcement of your statement on withdrawal. Please always include the tracking number of your order while sending back the item to us.  

Steps of return:  

1. Check the condition of the product. It shall be unused, in its original packaging, with the original label.
2. Pack the product(s) properly. 
3. Schedule shipping with your chosen shipping company. Always include your order number in the shipping documents, when you return an item. In case of a return please to give the following address:  Steindl Imre street 9, ground floor 2., Budapest 1054, Hungary.

Quality control procedure: As ViktoriaVarga receives the returned item, a quality control procedure shall take place in order to determine the appropriateness of the returned item. You will be eligible for return only if the item is unused, unworn, and unwashed. The returned item shall include the original tags and the packaging. You are liable for the amortization of the products as a result of the use of the product which exceeds the necessary measure in order to assess the nature, the characteristics, and wear/operation of the item. Returned items that are used or damaged will not be accepted and your refund shall be refused.  

Refund: You will receive written notification via email that we have received your returned item. Any item returned exceeding the fourteen (14) day deadline will not be eligible for a refund. We will notify you of the approval or rejection of your refund within 3-5 working days of the receipt of the returned item. We shall refund the full price of the returned item within 2 days of our approval notification. The refund shall be made in the same way as the original method of your payment was made (PayPal or Checkout.com or Amazon payment). 

Exclusion of the right of withdrawal: You are not entitled to exercise the right of withdrawal in the following cases: 

• the item was prepared especially upon your own instructions, OR
• the item was unambiguously personalized to you (made to measure)

Return shipping costs: You will be responsible for return shipping costs. Shipping costs are non-refundable unless the item is defective. 

Non-Consumer entity: The right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity.

7. LIABILITY CLAUSE

Warranty for material defects (in Hungarian: kellékszavatosság): In case of defective performance (the item is defective due to a manufacturing fault) you are entitled to  a) claim repair or exchange, unless the fulfilment of the chosen claim is not possible (for example the item cannot be repaired or the same item is not available) or if it would result in disproportionate additional costs to ViktoriaVarga,  b) claim proportional price reduction or repair the defect yourself or have it repaired by somebody else at the expense of ViktoriaVarga, or cancel the contract if ViktoriaVarga did not undertake repairing or replacement, or was unable to comply with its reparing/ replacing requirements according to the relevant legal provisions.   You are entitled to modify your chosen claim, but you are responsible for the costs imposed by this modification, except it was caused by us. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. Within the first six (6) months from delivery, you shall inform us about the defect and confirm that the item was provided by us. Within such six (6) month deadline there is no other condition to make your claim on the basis of the liability for defective items. After the expiry of the above six (6) month period, however, you are required to prove that the defect discovered by you has already existed at the date of delivery. After the expiry of a two (2) year period following the date of delivery, you are not entitled to make any claims on the basis of the liability for defective items. 

Product warranty (in Hungarian: termékszavatosság): If you are a private person consumer, you also have a right to make a claim against ViktoriaVarga on the basis of the product warranty.  If a product is defective, you are entitled only to choose to have it repaired by us or require us to exchange the product. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, you are required to prove the defect of the product. A product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by us.  You are entitled to make your claim against us within a two (2) year period following the date of delivery. Please note, however, that under Hungarian law you need to choose between your rights described under product warranty and warranty for material defects. You are not entitled to make a claim against ViktoriaVarga on the basis of both clauses. 

Non-consumer buyers: Please note, that the above provisions set forth within this point 8, are applicable only to consumers. Consumer is a private person acting out of the scope of his/her profession or his/her business activity. To non-consumer buyers, different provisions of the Hungarian Civil Code shall be applied. 

Liability disclaimer: Please note, that ViktoriaVarga is not liable for 

• any damages resulted from natural amortization, 
• defect/negligent use, 
• abnormal consumption or misuse, 
• any other treatment that is not in line with the description of the product.

8. INTELLECTUAL PROPERTY RIGHTS

Any design, idea, creation, software, technology, procedure, process, technical material, documentation (hereinafter intellectual properties) relating to the products and services of ViktoriaVarga in any manner are subject to copyright protection, and all or parts of them are the exclusive property of ViktoriaVarga. By purchasing any of our products or using our services you are not entitled to use any trademark, brand name or logo in relation to such products or services. ViktoriaVarga reserves the right to every content on the products and services, including but not limited to the website and webshop. No information or material available on the website may be modified, processed, published, or any other action taken for commercial purposes without the expressed written consent of ViktoriaVarga.

9. DATA PROTECTION

For data protection, please see our Privacy Policy

10. TECHNICAL INFORMATION

Our website is designed and run by WordPress, our webshop is based on the webshop engine provided by WooCommerce. (https://woocommerce.com). Hosting service provider: Terms of Service | Cloudways. Registered seat: Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta. E-mail address: [email protected]

We kindly ask you to use an appropriate virus scanner and virus killer softwares. We cannot guarantee that the website will operate continuously without any interruptions and errors due to the connection to the Internet. We have adopted adequate technical and organisational security measures to protect goods and services on our website, integrity of data, and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our website, and to avoid unauthorised or unlawful access to such data and information.

11. MISCELLANEOUS

Compliant handling: ViktoriaVarga shall seek to achieve a friendly settlement of any complaint you may have through negotiation or any other peaceful means. Your complaint can be announced orally in our store or in writing sent to our address. ViktoriaVarga shall inspect the orally communicated complaint immediately and shall be settled when it is necessary. When you are not satisfied with the result, or the immediate settlement is not possible, a protocol shall be prepared. ViktoriaVarga shall answer every written complaint in writing within thirty (30) days from receipt. In case ViktoriaVarga does not accept your complaint, it shall give a reasoning thereof. The protocol in respect of your complaint shall be retained by ViktoriaVarga for three (3) years. The contact of the customer service where you can turn to with your complaint is as follows:

VIKTORIAVARGA SHOWROOM Budapest, Steindl Imre street 9., ground floor 2., Budapest 1054, Hungary  

Telephone number: +36 20 469 5277

Email address: [email protected]

You can also submit your complaint to the Hungarian Consumer Protection Authority: Budapest Főváros Kormányhivatala,

1. Kerületi Hivatal, Fogyasztóvédelmi Főosztály

Address: 1051 Budapest, Sas u.19. III. em. Hungary

Telephone number: +36 1 450-2598 

General Provisions: This GTC is effective from December, 2018 and shall be effective until withdrawal. We reserve the right, at our sole discretion, to update, modify or replace any part of this GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please always read the effective GTC carefully. If you do not agree with the effective GTC then please stop using our website and/or webshop. If you use our website and/or webshop, that shall be deemed as acceptance of our GTC. Any changes made after you have placed an order will not affect such order unless we are required to make such change by law. This GTC shall not be recorded, it is entered into only in electronic form, and shall not be considered as a written contract. The governing law of this GTC is the Hungarian law. If there is any code of conduct which shall govern the business conduct of ViktoriaVarga, it is included in this GTC. Hence, any other code of conduct which is not included in this GTC, is not applicable. 

Responsibility disclaimer: Any responsibility ViktoriaVarga undertakes regarding its goods and services are strictly included in this GTC. ViktoriaVarga does not undertake any responsibility for its goods and services which fall out of the scope of this GTC.  

Severability Clause: If any provision of this GTC becomes invalid, unlawful or unenforceable, the other provisions of this GTC shall remain in effect. 

Waiver of rights disclaimer: If ViktoriaVarga does not exercise any of its right derived from this GTC, other policies or legal provisions, such non-exercise shall not be deemed as a waiver of such right. Any waiver shall be made in writing.  

Warranty disclaimer: ViktoriaVarga excludes all forms of warranty to the extent permitted by law. The maximum amount ViktoriaVarga pays for commitments relating to claims that are based on warranties including implied warranties under this GTC is the amount you have paid for the services. ViktoriaVarga is not responsible in any case for reasonably unforeseeable losses and damages. 

Vis major: ViktoriaVarga shall not be liable for any delays caused by external reasons beyond their control that could not be anticipated at the time of the issuing of the confirmation email, and delays that could not have been pre-empted or avoided with reasonable adjustments or action. 

Application of the Hungarian Civil Code: Any matters not governed by this GTC or by any individual contracts between Parties, shall be governed by Act V of 2013 on the Civil Code of Hungary.  We will be happy to give you more information in relation to our goods and services, the operation of our webshop, and the order and shipping procedure of our products. Please feel free to contact us at any time