Terms and Conditions

Article 1 Contracting Partner, Scope of Application
Article 2 Conclusion of the Contract
Article 3 Prices
Article 4 Payment Conditions / Right to Withdraw / Data transfer authorization
Article 5 Right of Revocation
Article 6 Delivery Terms, Transfer of Risks
Article 7 Reservation of Proprietary Rights
Article 8 Warranty
Article 9 Liability
Article 10 Right of Revocation
Article 11 Lack of right of withdrawal from the contract
Article 12 Invalid Provisions; Jurisdiction; Applicable Law
Article 13 EU ODR platform

Article 1 Contracting Partner, Scope of Application

(1) The contracting partners within the context of the following Terms and Conditions are Dolphio Technologies Ltd, (hereinafter referred to as "Gömböc"), Moricz Zsigmond ut 196., 2016 Leanyfalu
Hungary and the customer.
(2) All deliveries and services provided by Gömböc to the customer are, without exception, based on the following Terms and Conditions of the version in effect at the time of the order. Any provisions to the contrary are discarded.
(3) The Terms and Conditions in the respective effective version at the time the order is placed shall also apply to future orders, even if they are not expressly agreed upon again.

Article 2 Conclusion of the Contract

(1) The offers on Gömböc's internet pages represent a non-binding invitation to the customer to order merchandise from Gömböc.
(2) The customer issues a binding offer to enter into a purchase agreement by completing and sending the online form on the internet through an e-mail. The offer becomes binding at the latest once it has passed the respective Gömböc interface. Gömböc will immediately confirm to the customer that it has received the order.
(3) Gömböc is entitled to accept this offer within a period of seven calendar days by sending an order confirmation or shipping the ordered merchandise. The order will usually be confirmed in an e-mail. If this period expires without such confirmation being made, the offer shall be deemed to be rejected.

Article 3 Prices

(1) All prices listed at the time of the order are inclusive of the respective valid legal VAT, but exclusive of Shipment and Handling charges.
(2) Shipment and Handling will be charged separately. For Shipment and Handling and insurance charges, please refer to the section "Shipment and Handling Charges" in our Shop.
(3) All listed prices, including Shipment and Handling, refer to worldwide deliveries and are only valid at the time of the order. All former prices and other merchandise information become invalid at the time Gömböc updates its internet pages. The version valid at the time the order is placed is the applicable version.

Article 4 Payment Conditions / Right to Withdraw / Data transfer authorization

(1) Payments shall be made either by cash in advance, PayPal or credit card. Gömböc reserves the right to exclude certain payment methods, not to accept the customer's offer or to withdraw from the contract, if Gömböc's purchase price claim is at risk.
(2) The following provisions apply to payment by credit card. Dolphio's partner for credit card payments is PayPal. If the customer uses a credit card to pay, the customer's information is automatically transferred to PayPal and verified by its program. By choosing the payment method "credit card", the customer agrees to the transfer, processing, saving, and verification of his information by PayPal. All credit card purchases are subjected to several checks. The verification is free of charge. Customers may review the credit card payment conditions here at any time and save them to their computer. For additional information on PayPal, please visit:http:/paypal.com
Only credit cards working with PayPal's system is accepted.
During the order process in the online shop, upon selection of this payment option the customer will be taken to the encrypted and secure PayPal site where the customer can enter his credit card information. If Gömböc accepts the contract, and following positive verification by PayPal, the invoiced amount will automatically be charged to the customer's credit card.
(3) For data security reasons, orders using the credit card payment option can only be placed online (i.e. in the internet shop). Personal customer information is encrypted (SSL encryption) and securely transferred to Gömböc. Gömböc currently accepts Visa and MasterCard in connection with the associated PIN number (verified by Visa) as a means of payment. For security reasons, we do not accept any credit card orders that come through the call center. The respective staff members are not authorized to conclude these kinds of contracts.

Article 5 Right of Revocation

(1) We are specifically referring to the customer's right of revocation and refer to the separate instructions at Right of Revocation.
(2) If the customer claims legal rights, the customer will be responsible for the shipping costs, if the delivered merchandise corresponds to the merchandise that was ordered and if the price of the merchandise to be returned does not exceed the amount of EUR 40.00 or, in the event of a higher price, if you had not rendered a return service or a contractually agreed upon partial payment at the time of the revocation.

Article 6 Delivery Terms, Transfer of Risks

(1) The delivery is shipped from the warehouse to the delivery address provided by the customer.
(2) Delivery times are listed in the electronic catalog. The delivery time information is non-binding, unless, as an exception, the delivery date was issued in a written and binding manner. Each delivery is subject to a timely and correct delivery to Gömböc itself; the following paragraphs shall apply in this regard.
(3) If, contrary to expectations and in spite of timely merchandising planning by Gömböc, one of the products ordered by the customer should not be available for reasons that Gömböc is not responsible for, Gömböc will immediately inform the customer that the product is not available and, in the event of a cancellation, immediately reimburse any payments that were already made.
(4) Should the Gömböc shipment be delayed for reasons that Gömböc is responsible for, or should shipment be impossible, and this is due to reasons other than intent or gross negligence, Gömböc shall not be liable for any damages. Any further customer claims shall remain intact.
(5) If the delivery delay was caused by reasons Gömböc is not responsible for (force majeure, third party responsibility), the delivery deadline will be extended. The customer will be informed immediately. Should the events causing the delay continue for more than four weeks after the contract was concluded, either party is entitled to withdraw from the contract.
(6) Deliveries are subject to a variable fee. Customers will see the exact costs prior to making the purchase in the Webshop after finalizing the selected items to buy.
(7) In the event of the purchase of a consumable product, Gömböc shall bear the risk of accidental loss or impairment.

Article 7 Reservation of Proprietary Rights

(1) The ordered merchandise shall remain the property of Gömböc until it has completely been paid for.
(2) Prior to the transfer of title, it is not allowed to resell, lease or place a lien on the product, to pledge it as a security, to process it, to make other dispositions or to redesign it without the express approval of Gömböc.

Article 8 Warranty

(1) Customer claims against Gömböc for defects are governed by the legal provisions within the legally stipulated period, unless the following provisions provide otherwise. The legal warranty period is currently two years.
(2) Any damages caused by the customer's inappropriate actions or actions violating the contract are excluded from Gömböc's warranty. The determination of whether a product was handled inappropriately or in violation of the contract is particularly determined in accordance with the shop's care and wear instructions.
(3) If the customer is a commercial customer and the ordered item will be used for its commercial business, the warranty for defects shall become time-barred one year after receipt of the merchandise.
(4) The customer is asked to immediately notify Gömböc of any obvious defects or shipping damages. This will help facilitate the potential assertion of other claims that Gömböc can make against suppliers. If the customer is a consumer, an omission does not affect the warranty claims, if any. For commercial customers, the Hungarian Civilian Code applies.

Article 9 Liability

(1) Gömböc shall only by liable for intent or gross negligence. If an attributable breach of duty is based on simple negligence and an important contractual obligation is violated, Gömböc's liability is limited to foreseeable damages that usually occur in comparable situations.
(2) All other liability is excluded. Liability pursuant to the provisions of the product liability law and in the event of injury of life, health, or body shall remain unaffected.

Article 10 Right of Revocation

Customer has got the right to revoke your contractual statement in writing (e.g. letter, fax, e-mail) without stating reasons and within two weeks or if the merchandise was provided to you prior to the end of the deadline by returning the merchandise. The period begins upon receipt of these written instructions, but not prior to the date on which the merchandise arrives at the recipient’s location (or, with respect to recurring deliveries of the same kind of merchandise, not before receipt of the first partial delivery) and also not prior to the fulfillment of our duty to inform. The revocation period shall be deemed to be observed, if the revocation or the merchandise was sent on time. The revocation should be sent to:
Dolphio Technologies Ltd.
Soroksari ut 56.
1095 Budapest
Hungary

In the event of a valid revocation, each party shall return to the respective other party the services and, if applicable, the benefits received (e.g. interest). If you cannot return the received services, in parts or as a whole, or only in an impaired condition, you shall compensate us for the value received. This does not apply to merchandise you were provided with if the impairment of the merchandise was caused solely by testing it - as you might have been able to do in a retail establishment. Otherwise, you can avoid the obligation to compensate for an impairment caused by the conventional use of the product by not using the merchandise as if it were your property and by refraining from anything that could impact its value. You are responsible for the shipping costs, if the delivered merchandise corresponds to the merchandise that was ordered and if the price of the merchandise to be returned does not exceed the amount of EUR 40.00 or, in the event of a higher price, if you had not rendered a return service or a contractually agreed upon partial payment at the time of the revocation. Otherwise, the return shipment is free of charge. Any merchandise that cannot be shipped as a package will be picked up. Reimbursement obligations must be fulfilled within 30 days. The period begins for you at the time you send your revocation statement or the merchandise and for us upon receipt thereof.

Article 11 Lack of right of withdrawal from the contract

The Gömböc is not obliged take back any product which is connected with the individual consumer, or has been produced according to the specific conditions and needs of the consumer or on his/her expressed request. This regulation refers to the products which have been uniquely decorated for a consumer according to his/her specific order e.g. Engraved glass plate or Presentation box with silver logo.

Article 12 Invalid Provisions; Jurisdiction; Applicable Law

(1) Should one or more provisions of these Terms and Conditions be invalid, they will not cause the entire contract to become invalid. The invalid provision will be replaced by a corresponding valid legal provision.
(2) If the customer is a commercial customer, a public body, or a public special asset, Budapest in Hungary shall be the only jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies to customers who are not within general Hungarian jurisdiction, customers who have transferred their place of residence or usual domicile to another country after having concluded the contract, and to customers, whose place of residence or usual domicile is unknown at the time the suit is brought.
(3) Hungarian law shall govern the conclusion and processing of all contracts. The US Convention on Contracts for the International Sale of Good [CISG] does not apply.

Article 13 EU ODR platform

(1) The European Commission has established a webpage where consumers can register, and after that they have the possibility to resolve their disputes related to online shopping through this webpage by filling in an online form, and they can avoid court action procedure. Thus consumers are able to exercise their rights without being hindered by (for example) the distance.
(2) The online dispute resolution platform is established to solve cross-border consumer disputes related to online sales or service contracts. I.e. if a consumer, who has a place of residence in the European Union, buys a product or orders a service on the internet and a dispute is arisen from this contractual relationship between him and the trader who has premises in another member state, the online dispute resolution platform can be used to solve the situation (in some of the member states the procedure of the platform may be used by parties from the same country).
Contact to the Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/