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 Delivery Terms, Transfer of Risks
Article 6 Reservation of Proprietary Rights
Article 7 Warranty
Article 8 Liability
Article 9 Right of Revocation, Lack of right of withdrawal from the contract
Article 10 Invalid Provisions, Jurisdiction, and Applicable Law
Article 11 Handling complains
Article 12 Coming into force and amending of T&C

Article 1 Contracting Partner, Scope of Application

(1.1 The contracting partners within the context of the following Terms and Conditions are the service provider Dolphio Technologies Ltd. (hereinafter referred as Gömböc Shop), and the customer. Purchasing in Gömböc Shop is controlled by law 2001. CVIII. (“Elkertv”) which is about e-shopping and e-society connected services.
1.2 Data of Gömböc Shop:
Registrated place: 196 Móricz Zsigmond út, Leányfalu, 2016
Place of business activity:
Dolphio Technologies Ltd.
48-56 Soroksári str. Hungária Malomudvar 11/5.
1095 Budapest
Email: info@dolphio.hu
Customer service: service@gomboc-shop.com
Phone for customer service: +36 20 957 3357
Tax reg. number: 13233767-2-13
Company registration number: 13-09-119437
Responsible Court for the company: Budapest Environs Regional Court
1.3. All deliveries and services provided by Gömböc Shop 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.
1.4 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.
1.5 Purchasing from Gömböc Shop is without registration.
1.6 The contract between sides in English language is not counted as written one, it is not filed.
1.7 During order the visitor clicks on “Add to cart” button for selecting the items that are intended to order and buy. For payment the “Checkout” button must be clicked. After selecting the method of payment and providing the data that are needed for compliting the order, the order can be finalized by clicking on “Continue to next step” button.
1.8 Inserted data regarding to the type and number of the chosen products can be modified before finalizing the order.

Article 2 Conclusion of the Contract

2.1 The offers on Gömböc Shop's internet pages represent a non-binding invitation to the customer to order merchandise from Gömböc Shop.
2.2 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 Shop interface. Gömböc Shop will confirm the order within 48 hours.
2.3 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

3.1 All prices listed at the time of the order are inclusive of the respective valid legal VAT, but exclusive of Shipment and Handling charges.
3.2 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.
3.3 Shipping cost does not contain the customs fee in case of shipping outside the EU, so it has to be paid by Customer.
3.4 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 Shop updates its internet pages. The version valid at the time the order is placed is the applicable version.
3.5 Based on the policy 2002/38/EK of the EU, the companies paying taxes in the EU and having an EU tax number, VAT is not charged on the invoice. Furthermore, VAT is not charged for those natural persons who have residence outside the EU and for those companies who pay taxes outside the EU.

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

4.1 Payments shall be made either by cash in advance, PayPal or credit card. Gömböc Shop reserves the right to exclude certain payment methods, not to accept the customer's offer or to withdraw from the contract, if Gömböc Shop's purchase price claim is at risk.
4.2 The following provisions apply to payment by credit card. Gömböc Shop’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 Shop accepts the contract, and following positive verification by PayPal, the invoiced amount will automatically be charged to the customer's credit card.
4.3 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 securely transferred to Gömböc Shop. Gömböc Shop 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 Delivery Terms, Transfer of Risks

5.1 The delivery is shipped from the warehouse to the delivery address provided by the customer.
5.2 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 Shop itself; the following paragraphs shall apply in this regard.
5.3 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 Shop is not responsible for, Gömböc Shop 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.
5.4 Should the Gömböc shop shipment be delayed for reasons that Gömböc Shop is responsible for, or should shipment be impossible, and this is due to reasons other than intent or gross negligence, Gömböc Shop shall not be liable for any damages. Any further customer claims shall remain intact.
5.5 If the delivery delay was caused by reasons Gömböc Shop 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.
5.6 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.
5.7 In the event of the purchase of a consumable product, Gömböc Shop shall bear the risk of accidental loss or impairment.
5.1 The delivery is shipped from the warehouse to the delivery address provided by the customer.
5.2 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 Shop itself; the following paragraphs shall apply in this regard.
5.3 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 Shop is not responsible for, Gömböc Shop 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.
5.4 Should the Gömböc shop shipment be delayed for reasons that Gömböc Shop is responsible for, or should shipment be impossible, and this is due to reasons other than intent or gross negligence, Gömböc Shop shall not be liable for any damages. Any further customer claims shall remain intact.
5.5 If the delivery delay was caused by reasons Gömböc Shop 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.
5.6 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.
5.7 In the event of the purchase of a consumable product, Gömböc Shop shall bear the risk of accidental loss or impairment.

Article 6 Reservation of Proprietary Rights

6.1 The ordered merchandise shall remain the property of Gömböc Shop until it has completely been paid for.
6.2 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 shop.

Article 7 Warranty

7.1 Customer claims against Gömböc Shop 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.
7.2 Any damages caused by the customer's inappropriate actions or actions violating the contract are excluded from Gömböc Shop's warranty. The determination of whether a product was handled inappropriately or in violation of the contract is particularly determined in accordance with Gömböc Shop's care and wear instructions.
7.3 If a used product is sold, Customer’s claim about the defects are limited to 1 year from the time of receiving the product.
7.4 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.
7.5 The customer is asked to immediately notify Gömböc Shop of any obvious defects or shipping damages. This will help facilitate the potential assertion of other claims that Gömböc Shop 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.
7.6. Based on the Act 2013./V. of the Civil Code, Gömböc Shop is obliged to implied and product warranty.
7.7. Implied warranty
7.7.1. If the product has a hard damage, based on the Liability for defects, Customer can ask for the correction, exchange of the product or the reduction of the price. As a last resort, Customer can recede from the contract.
7.8. Product warranty
7.8.1 If the product does not agree with the product’s quality claims valid at the release by the manufacturer, or does not have the characteristics written by the manufacturer, Customer can use the product warranty right.
7.8.2. Based on the product warranty right Customer can ask for the correction, exchange of the product or the reduction of the price. As a last resort, Customer can recede from the contract.
7.8.3. Customer is obliged to inform us about the damage right after it is perceived, but not later than 2 months after the discovery if the damage.
Please pay attention to the fact that the Liability for defects right after 1-year-term of limitation from entering into the contract and the product warranty right after 2-year-term of limitation cannot be used. In case of a used product, the term of limitation is 1 year in both cases.
7.8.4. The Liability for defects right and the product warranty right cannot be used at the same time!
7.9. Indemnity
7.9.1. In case of a default, Gömböc Shop gives a 2-year-warranty for every damage that were formed before the fulfillment.
7.9.2 For the same damage, Liability for defects and indemnity demand and, product warranty and indemnity demand cannot be used at the same time, in other cases, Customer has every right originated from indemnity, independent from the product and Liability for defects rights.
7.10. You should inform us about any damages at service@gomboc-shop.com for an immediate problem-solving activity from our colleagues!

Article 8 Liability

8.1 Gömböc Shop 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 Shop's liability is limited to foreseeable damages that usually occur in comparable situations.
8.2 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 9 Right of Revocation

9.1 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.
Template for revocation:
http://www.nfh.hu/sites/default/files/elallasi_felmondasi_nyilatkozatmin...
9.2. When selling more products, if each product’s service happens at different times, the product serviced the latest; in case of more products: the piece serviced the latest; in case of usual service: the first service must be the day of exchange marked by the consumer or by a third party who is not the supplier.
The cost of revocation must be paid by the Customer. After the revocation, you should send the product back to the following address:
Dolphio Technologies Ltd.
48-56 Soroksári str. Hungária Malomudvar 11/5.
1095 Budapest
In case of a valid revocation, not only the purchase-price, but every cost connected to the fulfillment, so the shipping cost is returned to the consumer.
If the consumer chooses a shipping mode different from the cheapest, usual shipping mode, the enterprise is not obliged to pay the extra cost originated from it.
9.3 In the event of a valid revocation, each party shall return to the respective other party the services. 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.
9.4 You are responsible for the shipping costs, if the delivered merchandise corresponds to the merchandise that was ordered. Otherwise, the return shipment is free of charge.
9.5. At last 14 days after receiving the revocation declaration, we reimburse all of the customer’s remuneration, as well as the shipping cost. Reimbursement can be restrained until Gömböc Shop gets back the product, or the consumer confirms that it was posted. Between the 2 dates, the earlier one will be administrated.
9.6. During the reimbursement we use the same payment method as during the original business, except for the fact if Customer contribute to other payment method; in this case of reimbursement, Customer does not have extra charges.
9.7 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.
9.8 Gömböc Shop can claim for the reimbursement of damages caused by the inappropriate use of the product.

Article 10 Invalid Provisions; Jurisdiction; Applicable Law

10.1 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.
10.2. The legal authority residence of any direct or indirect debate originated from the contractual relationship between the Customer and Gömböc Webshop is Budapest, Hungary.
10.3 Conclusion and fulfillment of the contract will be regulated by the Hungarian law. The American CISG CISG (Convention on Contracts for the International Sale of Good) cannot be applied.

Article 11 Handling Complains

11.1 Customer’s complaints are handled on the electronic address shown on the public website: service@gomboc-shop.hu. As Gömböc Shop has online commerce, it does not have personal customer service, and Customer accepts it.
11.2 In order to handle quarrels against Gömböc Shop as fast and easily as possible, a conciliatory corporation can be used for this purpose. In the conciliatory corporation proceeding Gömböc Shop has obligation for cooperation. According to Gömböc Shop residence, the address of the conciliatory corporation is: 6-8 Kossuth tér, 1055 Budapest.
Telephone number: (1)-474-7921, E-mail address: pmbekelteto@pmkik.hu
11.3 Applying EU ODR platform
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, exercise their rights without being hindered by (for example) the distance.
11.4 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/

Article 12 Modification and scope of Terms and Conditions

12.1 In questions not regulated by this Terms and Conditions Act CVIII of 2001 on certain issues of electronic commerce services and information society services and other relevant measures are standard.
12.2 This version of Terms and Conditions is put into force from 11/07/2017 and valid until recalled.
12.3 Supplier is liable for the modification of the content of this version of Terms and Conditions. The Terms and Conditions written in the same structure with the modification is put into force at the time of publication.