General terms and conditions
La Terrazza Ltd. General Terms and Conditions
General Terms and Conditions
A contract concluded on the basis of this document will not be registered (it is not accessible afterwards, the conclusion of the contract is proven by the order data), it is concluded with a legal declaration made with a referring behavior, it does not qualify as a written contract, it is written in Hungarian, it does not refer to a code of conduct. In case of questions arising regarding the operation of the webshop, the ordering and delivery process, we are available at our provided contact details. The scope of these GTC covers legal relationships on the Service Provider's website (https://www.divaswimsuit.com, https://www.divaswimsuit.com ) and its subdomains. These GTC are continuously available (and can be downloaded and printed at any time) Definitions: User: Any natural person, legal entity or organization that uses the services of the Service Provider and concludes a contract with the Service Provider. Consumer: A User who is a natural person acting outside the scope of his profession, independent occupation or business activity. Enterprise: A person acting within the scope of his profession, independent occupation or business activity. Service Provider: A natural or legal person or an organization without legal personality providing a service related to the information society, who provides a service to the User and who enters into a contract with the User.
1. SERVICE PROVIDER DATA
Name of the service provider: La Terrazza Kft. The service provider's registered office (and also the place of complaint handling): 1185 Budapest Bihar utca 9.
The service provider's contact information, regularly used electronic mail address for contacting users: divabikini9@gmail.com
Service provider's company registration number/registration number: 01 09 982683
Service provider's tax number: 23883215 - 1 - 43
Service provider phone number: +36 20 298 3025
Language of the contract: Hungarian
Name of the service provider: La Terrazza Kft. 1185 Budapest, Bihar utca 9. https://divaswimsuit.com
2. BASIC PROVISIONS
2.1. Hungarian law shall govern any issues not regulated in these GTC and the interpretation of these GTC, with particular regard to the provisions of Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, as well as Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The relevant sectoral legal provisions shall govern special products. The mandatory provisions of the relevant legal provisions shall govern the parties even without a separate clause.
2.2. These GTC are effective from June 12, 2025 and will remain in effect until revoked. The Service Provider will publish any amendments to these GTC on the website and notify registered/or previously purchased Users of the changes by e-mail. The amendments do not affect previously concluded contracts, i.e. the amendments do not have retroactive effect.
2.3. The Service Provider reserves all rights to the website, any part thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the content appearing on the website or any part thereof without the written consent of the Service Provider (except for this document and the data processing information).
2.4. The Service Provider assumes no liability in connection with the sale and purchase of products published on other websites not affiliated with the Service Provider and not operated by the Service Provider.
3. REGISTRATION / PURCHASE
3.1. In the event of false data provided during the use/order/subscription of the service or data that can be linked to another person, the party entitled to do so may challenge the resulting electronic contract in court. As a result of a successful challenge (successful litigation), the contract becomes invalid from the date of its conclusion, or if it conceals another contract, the rights and obligations of the parties shall be assessed on the basis of the concealed contract.
3.2. The Service Provider shall not be liable for any delivery delays or other problems or errors attributable to incorrect and/or inaccurate data provided by the User. However, the Service Provider informs the Users that, after consultation with the User and clear identification, the User may correct the incorrectly entered data in the order so that invoicing and delivery are not hindered.
3.3. The Service Provider is not liable for any damages resulting from the User forgetting their password or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider (if there is registration on the site).
4. RANGE OF PRODUCTS, SERVICES AVAILABLE FOR PURCHASE AND PRICES
4.1. The displayed products can be ordered online (in some cases by phone) from the webshop. The prices displayed for the products are in HUF, gross prices (i.e. they include the VAT required by law, or, if the Service Provider invoices excluding VAT, the prices are the amounts to be paid), but do not include shipping and payment-related fees. Separate packaging costs - will not be charged, unless the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider shall fully inform Users about the promotion and its exact duration. When determining promotional prices, the Service Provider shall act lawfully, complying with the rules of Joint Decree 4/2009. (I. 30.) of the Ministry of Finance and the Ministry of Economy and Finance on the detailed rules for indicating the selling price and unit price of products, as well as the fees for services.
4.4. In the event of an incorrect price being indicated, the Service Provider is not obliged to confirm the order at this price, but has the option to reject the offer and offer confirmation at the correct, real price, in which case the User has the right not to accept the modified offer, cancel the order. to maintain the order at the correct price. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is concluded with the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract, from which rights and obligations would arise.
An incorrect price is a price of 0 HUF, 1 HUF, or a promotional price that does not correspond to the percentage of the indicated discount compared to the original price.
For example, if the original price of a product is 10,000 HUF and there is a 50% discount, the correct sale price would be 5,000 HUF. It is considered an incorrect price if 1,000 HUF or 2,000 HUF is displayed instead.
5. ORDER PROCESS
5.1. After registration, the user logs into the webshop and/or can start shopping without registration.
5.2. The user sets the number of products they wish to purchase.
5.3. The user places the selected products in the cart. The user can view the contents of the cart at any time by clicking on the "cart" icon.
5.4. If you do not wish to purchase any more products, check the quantity of the product you wish to purchase. You can delete the contents of the cart by clicking on the “delete - X” icon. To finalize the quantity, the User clicks on the “up arrow/down arrow” icon.
5.5. The user enters the delivery address and then the delivery/payment method, the types of which are as follows:
5.5.1. Payment methods: Payment on delivery: If the ordered product is delivered by courier or to a parcel point, the User has the option to pay the total amount of the order to the courier or at the parcel point in cash or by bank card upon receipt of the ordered product(s). By transfer: The User is obliged to transfer the value of the ordered products to the bank account provided in the confirmation email within 3 days. After the amount has been credited to the Service Provider's bank account, the User is entitled to receive the product(s) in the manner specified by him/her. Online by bank card: The User has the option to pay the total amount of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider. Payment by bank card with SimplePay: I acknowledge that the following personal data stored by the Service Provider, as data controller, in the user database of https://www.divaswimsuit.com, https://www.divaswimsuit.com will be transferred to OTP Mobil Kft., as data processor. The scope of data transmitted by the data controller is as follows: Billing name and address, e-mail, telephone number. The nature and purpose of the data processing activity performed by the data processor can be viewed in the SimplePay Data Processing Information, at the following link: https://simplepay.hu/vasarlo-aff Stripe bank card payment Our webshop also uses the Stripe payment system, which allows the acceptance of the following payment methods:
MasterCard / VISA / American Express / Apple Pay / Google Pay
5.5.2. Shipping costs (gross amounts):
Domestic delivery fees: MPL parcel machine or parcel point: under 17,000 HUF 1,490 HUF
Packeta parcel machine or parcel point: under 17,000 HUF 1,290 HUF
Home delivery: Under 17,000 HUF: 1,790 HUF Shipping cost is FREE for purchases over 17,000 HUF
International shipping rates: https://www.divaswimsuit.com
5.6. The total amount payable includes all costs based on the order summary and confirmation letter. The user is obliged to verify without delay, pursuant to Section 6:127 of the Hungarian Civil Code, whether the quality and quantity of the ordered product(s) are adequate. The product(s) are delivered on working days between 8 a.m. and 5 p.m.
5.7. After providing the data, the User can send their order by clicking on the "order" button, but before that, they can check the provided data once again, send a comment with their order, or notify us of any other order-related wishes by email.
5.8. By placing an order, the User acknowledges that, in accordance with Section 15 and other conditions (e.g. Section 20) of Government Decree No. 45/2014 (II. 26.), the User is obliged to pay by placing an order.
5.9. Correction of data entry errors: Before closing the ordering process, the User can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the basket. If the basket does not contain the desired quantity, the User can enter the number of pieces of the desired quantity in the data entry field in the quantity column. If the User wishes to delete the products in the basket, he clicks on the “X” “delete” button. During the order, the User has the continuous opportunity to correct/delete the entered data. The User has the opportunity to request the correction of any errors by phone or email even after sending the order.
5.10. The User receives a confirmation by e-mail after sending the order. If this confirmation does not reach the User within the expected deadline depending on the nature of the service, but no later than 48 hours from the date of sending the User's order, the User is released from the offer binding or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes accessible to him. The Service Provider excludes its responsibility for confirmation if the confirmation does not arrive on time because the User provided an incorrect e-mail address during registration or cannot receive messages due to the storage space belonging to his account being full. 5.11. The User acknowledges that the confirmation referred to in the previous point is only an automatic confirmation and does not create a contract. The contract is concluded when the Service Provider, following the automatic confirmation mentioned in the previous point, notifies the User in another e-mail about the details of the order and its expected fulfillment.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed during business hours. Orders can be placed outside of the times specified for order processing; if placed after business hours, they will be processed on the following business day. In all cases, the Service Provider will confirm electronically when it will be able to fulfill your order.
6.2. General delivery deadline, within 1-3 working days from the conclusion of the contract.
6.3. Based on the purchase contract, the Service Provider is obliged to transfer the ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the goods to the buyer, the risk of damage shall pass to the buyer when the buyer or a third party designated by the buyer takes possession of the goods. The risk of damage shall pass to the buyer upon delivery to the carrier, if the carrier has been commissioned by the buyer, provided that the carrier has not been recommended by the seller.
6.5. In the event of a delay by the Service Provider, the User is entitled to set an additional deadline. If the Seller fails to perform within the additional deadline, the Buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if a) the Service Provider has refused to perform the contract; or b) the contract should have been performed at the specified performance time - and not at another time - according to the agreement of the parties or due to the recognizable purpose of the service. If the Service Provider is in delay, the User may demand performance, or if his interest in the performance of the contract has ceased as a result of the delay, he may withdraw from the contract. The User does not need to prove the cessation of the interest in the performance for withdrawal if a) the contract should have been performed at the specified performance time - and not at another time - according to the agreement of the parties or due to the recognizable purpose of the service; or b) the entitled party has set an appropriate additional deadline for subsequent performance and the additional deadline has expired without result.
6.7. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the User immediately and to immediately refund the amount paid by the User, and the Service Provider is obliged to ensure that the User asserts his other rights provided for by law in the event of defective performance.
6.8. The Service Provider draws the attention of the Users that if the User does not take over the ordered product(s) that have been delivered in accordance with the contract (regardless of the payment method), he/she commits a breach of contract, namely, he/she is in default according to Section 6:156. (1) of the Civil Code. This means that, based on the rules of business without an order - if the Consumer does not indicate his/her intention to withdraw (and does not make a declaration whether he/she wishes to take over the ordered product(s) - the Service Provider will also enforce the usual storage costs and the shipping costs (there and back) related to the product(s) against the Users. The Service Provider draws the attention of the Users that in order to enforce our legal claims arising in this way, it will use the assistance of a debt collector and/or a lawyer, so the payment of other (legal) costs arising from the breach of contract (including the fees for the payment order procedure) will also be borne by the User.
7. RIGHT OF WITHDRAWAL
7.1. In accordance with Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II.26.) on the detailed rules for contracts between consumers and businesses, the Consumer has the right to withdraw without giving any reason. The Consumer may exercise his right of withdrawal or termination a) in the case of a contract for the sale of a product, aa) the product, b) in the case of the sale of several products, if the individual products are provided at different times, the last product provided, c) in the case of a product consisting of several items or pieces, the last item or piece provided, ad) if the product must be provided regularly within a specified period, the first service, within fourteen days from the date of receipt by the Consumer or a third party indicated by him, other than the carrier. If the Service Provider fails to comply with this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 12 months after the expiry of 14 days from the date of receipt of the product or the conclusion of the contract for the provision of the service, the withdrawal period is 14 days from the date of communication of this information.
7.2. The Consumer may exercise his right of withdrawal by making a clear statement to this effect or by using the declaration template specified in Annex 2 of Government Decree 45/2014. (II.26.).
7.3. The period for exercising the right of withdrawal expires 14 days from the day on which the Consumer, or a third party indicated by him, other than the carrier, takes possession of the product.
7.4. The consumer may also exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
7.5. The direct cost of returning the product must be borne by the Consumer, the company has not undertaken to bear this cost.
7.6. In the event of exercising the right of withdrawal, the Consumer shall not be charged any costs other than the direct cost of returning the product.
7.7. The Consumer does not have the right of withdrawal in the case of a non-prefabricated product that was produced based on the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the Consumer.
7.8. The Consumer may also not exercise his right of withdrawal (full list of exceptions according to the regulation): a) in the case of a contract for the provision of services, after the full performance of the service, but if the contract creates a payment obligation for the consumer, only if the performance began with the express prior consent of the consumer and the consumer's acknowledgement that he will lose his right of withdrawal as soon as the enterprise has fully performed the contract; b) in the case of a good or service whose price or fee cannot be influenced by the enterprise on the financial market, which is subject to possible fluctuations even during the period specified in Section 20 (2); c) in the case of non-prefabricated goods that were produced on the instructions of the consumer or at his express request, or in the case of goods that were clearly tailored to the consumer; d) in the case of perishable goods or goods that retain their quality for a short time; e) in the case of goods in sealed packaging which cannot be returned after being opened after delivery for health or hygiene reasons; f) in the case of goods which, by their nature, are inseparably mixed with other goods after delivery; g) in the case of alcoholic beverages the actual value of which depends on market fluctuations in a way that cannot be influenced by the undertaking, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day following its conclusion; h) in the case of a business contract in which the undertaking visits the consumer at the express request of the consumer for the purpose of carrying out urgent repair or maintenance work; i) in the case of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery; j) in the case of newspapers, magazines and periodicals, with the exception of subscription contracts; k) in the case of contracts concluded at public auction; l) contracts for the provision of accommodation, transport, car rental, catering or leisure activities, other than residential services
in the case of a contract for a related service, if a performance deadline or time limit specified in the contract has been stipulated; m) in respect of digital content provided on a non-tangible medium, if the business has commenced the performance with the express prior consent of the consumer, and the consumer has simultaneously declared his acknowledgement of the fact that he will lose his right of withdrawal/termination after the commencement of the performance, and the business has sent a confirmation to the consumer in accordance with Section 12(2) or Section 18.
Hygiene products: Swimwear, lingerie, sexy clothes
When trying on these products, they come into contact with an intimate body part, so for hygiene reasons, they cannot be exchanged or returned. (Nobody tries on bikini tops as bras! It has not been proven that bottoms are tried on as bottoms.) According to the legislation on swimwear, underwear, and sexy clothes, the right of withdrawal cannot be enforced.
7.9. The Service Provider shall immediately, but no later than fourteen days after becoming aware of the withdrawal, refund the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance. At the same time, the Service Provider shall have the right of retention.
7.10. During the refund, we will use the same payment method as the one used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer will not incur any additional costs as a result of using this refund method.
7.11. The consumer is obliged to return the goods without undue delay, but in any case not later than 14 days from the date on which the notice of withdrawal from the contract was sent to the Service Provider. If the business also sells the goods in its business premises and the consumer exercises his right of withdrawal in person at the business premises, he is entitled to return the goods to the business at the same time.
7.12. In the event of a written withdrawal, it is sufficient for the consumer to send the withdrawal statement within 14 days.
7.13. The consumer meets the deadline if he returns or hands over the product(s) before the expiry of the 14-day period. The return is deemed to have been completed within the deadline if the consumer sends the product before the expiry of the deadline.
7.14. The consumer shall bear only the direct costs of returning the product.
7.15. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the choice of a method of transport other than the cheapest standard method of transport offered by the Service Provider.
7.16. The Service Provider may withhold the refund until the goods(s) have been received back or the Consumer has provided evidence that they have been returned: whichever is the earlier.
7.17. If the Consumer wishes to exercise his/her right of withdrawal, he/she may notify the Service Provider in writing (using the attached form), by telephone or in person. When notifying in writing by post, the date of posting is taken into account, and when notifying by telephone, the date of notification by telephone. The ordered product will be sent by post,
or return it to the Consumer Service Provider using a courier service.
7.18. The consumer is only liable for any depreciation resulting from use exceeding the use necessary to establish the nature, properties and functioning of the product.
7.19. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses can be found here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here
7.21. The Consumer may also contact the Service Provider with other complaints using the contact details provided in these GTC.
7.22. The right of withdrawal applies only to Users who are consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e. persons acting in the course of their profession, independent occupation or business activity.
7.24. (Applicable only if the Service Provider also provides services in addition to the sale.) If the Consumer terminates the distance contract after the commencement of performance, he is obliged to pay the enterprise a fee proportional to the services provided up to the date of notification of the termination to the enterprise. The amount to be paid by the Consumer proportionally shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. If the Consumer proves that the total amount thus determined is excessively high, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.
7.24. Procedure for exercising the right of withdrawal:
7.24.1. If the Consumer wishes to exercise the right of withdrawal, he/she is obliged to indicate his/her intention to withdraw at the Service Provider's contact details.
7.24.2. The consumer exercises his right of withdrawal within the deadline if he sends his declaration of withdrawal before the expiry of the 14th day from the receipt of the product. In the case of withdrawal in writing, it is sufficient to send the declaration of withdrawal within 14 days. In the case of notification by post, the date of posting is taken into account, and in the case of notification by email, the time of sending the email is taken into account.
7.24.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of notification of his/her withdrawal. The deadline is deemed to have been met if the product is sent before the 14-day deadline (i.e. it does not have to arrive within 14 days). The customer bears the direct costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal. If the enterprise also sells the goods in its business premises and the consumer exercises his/her right of withdrawal in person at the enterprise's business premises, he/she is entitled to return the goods to the enterprise at the same time.
7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for additional costs incurred in connection with the cheapest standard shipping method offered by the Service Provider.
resulting from the choice of a delivery method other than the delivery method. The Consumer also exercises his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product. 7.24.5. When buying and selling multiple products, if the individual products are delivered at different times, the buyer may exercise the right of withdrawal within 14 days of receipt of the last delivered product, or in the case of a product consisting of multiple items or pieces, the last delivered item or piece.
8. WARRANTY
Defective performance The obligor shall perform defectively if the service does not meet the quality requirements established in the contract or by law at the time of performance. The obligor shall not perform defectively if the entitled party was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract. Any clause in a contract between a consumer and a business that deviates from the provisions of this chapter on liability and guarantee to the detriment of the Consumer is null and void. User qualifying as an enterprise: a person who acts within the scope of his profession, independent occupation or business activity.
8.1. In what cases can the User exercise his right to a warranty of conformity? In the event of defective performance by the Service Provider, the User may assert a warranty of conformity claim against the Service Provider in accordance with the provisions of the Civil Code.
8.2. What rights does the User have based on his/her warranty claim? The User may – at his/her choice – exercise the following warranty claims: he/she may request repair or replacement, unless the fulfillment of the claim chosen by the User from these is impossible or would entail disproportionate additional costs for the enterprise compared to the fulfillment of his/her other claim. If the repair or replacement was not requested or could not be requested, he/she may request a proportional reduction of the consideration or – as a last resort – may withdraw from the contract. He/she may also switch from his/her chosen warranty right to another, but the User shall bear the cost of the switch, unless it was justified or the enterprise gave reason for it. The consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportional reduction of the consideration or to terminate the sales contract if a) the enterprise has not carried out the repair or replacement, or has carried it out but has not partially or fully dismantled and put back into service, or has refused to bring the goods into conformity with the contract; b) a repeated failure to perform has occurred, despite the enterprise's attempts to bring the goods into conformity with the contract; c) the failure to perform is of such gravity that it justifies an immediate price reduction or immediate termination of the sales contract; or d) the enterprise has not undertaken to bring the goods into conformity with the contract, or it is obvious from the circumstances that the enterprise will not bring the goods into conformity with the contract within a reasonable time limit or without causing significant harm to the consumer. If the consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proof lies with the business to prove that the defect is insignificant. The consumer is entitled to withhold the remaining part of the purchase price, in part or in full, depending on the severity of the breach of contract, until the business has fulfilled its obligations regarding the conformity of the performance and the defective performance. The reasonable period for the repair or replacement of the goods shall be calculated from the date on which the consumer notified the business of the defect. The consumer must make the goods available to the business for the purpose of repair or replacement. The business must ensure the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods that, in accordance with the nature and purpose of the goods, were put into service before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods or the bearing of the costs of removal or installation.
The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods actually received by the consumer and the value of the goods that the consumer would have received in the event of performance in accordance with the contract. The consumer's right to terminate the purchase contract under the warranty of the goods may be exercised by means of a legal declaration addressed to the undertaking expressing the decision to terminate. If the defective performance affects only a specific part of the goods supplied under the purchase contract and the conditions for exercising the right to terminate the contract are met in respect of those goods, the consumer may terminate the purchase contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them, if the consumer cannot reasonably be expected to keep only the goods that comply with the contract. If the consumer terminates the purchase contract in whole or in part of the goods supplied under the purchase contract, a) the consumer must return the goods concerned to the undertaking at the undertaking's expense; and (b) the business must immediately reimburse the consumer for the purchase price paid for the goods concerned as soon as it has received the goods or proof of return of the goods.
8.3. Within what time limit can the User assert his warranty claim? The User (if he is a consumer) is obliged to report the defect immediately after its discovery, but no later than within two months of the discovery of the defect. However, we would like to draw your attention to the fact that he can no longer assert his warranty rights beyond the two-year (1-year in the case of a business or used products) limitation period from the performance of the contract. (In the case of products with an expiration date, the warranty can be asserted until the end of the expiration date). If, in the case of goods containing digital elements, the purchase contract provides for the continuous provision of digital content or digital services over a specified period, the business is liable for the defect in the goods related to the digital content or digital service, if the defect a) occurs or becomes recognizable within two years of the performance of the goods in the case of continuous service with a duration not exceeding two years; or b) occurs or becomes recognizable during the entire duration of the continuous service in the case of continuous service with a duration exceeding two years.
8.4. Against whom can you assert your warranty claim? The User can assert his warranty claim against the Service Provider.
8.5. What other conditions are there for enforcing your warranty rights (if the User qualifies as a Consumer)? Within 1 year from the date of performance, there are no other conditions for enforcing your warranty claim, other than reporting the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after 1 year from the date of performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance. Product Warranty
8.6. In what cases can the Consumer exercise his product warranty right and what rights does the Consumer have based on his product warranty claim? In the event of a defect in a movable item, the Consumer may - at his choice - exercise his right to a warranty for goods or assert a product warranty claim in accordance with the rules of the Civil Code. As a product warranty claim, the Consumer may request the repair or replacement of the defective product.
8.7. Against whom can you assert your product warranty claim? You can exercise your product warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as: manufacturer).
8.8. In what cases is a product considered defective? A product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description provided by the manufacturer.
8.9. Within what time limit can the Consumer assert his product warranty claim? The Consumer may assert his product warranty claim within two years from the date the product was put on the market by the manufacturer. After this time limit, he loses this right. 8.10. What is the rule of proof in the case of asserting a product warranty claim? In the case of asserting a product warranty claim, you must prove that the
a product defect existed at the time the manufacturer placed it on the market.
8.11. In what cases is the manufacturer exempted from its product warranty obligation? The manufacturer is exempted from its product warranty obligation if it can prove that - the product was not manufactured or placed on the market as part of its business activities, or - the defect was not recognizable at the time of placing on the market according to the state of science and technology, or - the product defect results from the application of a law or mandatory official regulation. The manufacturer needs to prove one reason for exemption. Please note that the Consumer may assert a warranty claim against the business and a warranty claim against the manufacturer at the same time, in parallel, due to the same defect. In the event of a successful assertion of a warranty claim, the warranty claim for the replaced product or the part of the product affected by the repair may only be asserted against the manufacturer.
8.12. In the case of a contract between a consumer and a business, it shall be presumed, until proven otherwise, that the defect recognized by the consumer within 1 year after performance already existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect. Accordingly, the Service Provider shall not be liable for any warranty or guarantee if it can prove that the damage resulted from incorrect or careless handling after the transfer of the risk of damage, excessive use, or effects other than those specified, or other improper use of the products.
9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM (IN THE CASE OF USERS QUALIFIED AS CONSUMERS)
9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of Decree 19/2014. (IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims regarding items sold within the framework of a contract between a consumer and a business, to the detriment of the Consumer.
9.2. The consumer is obliged to provide proof of the conclusion of the contract (with an invoice or even just a receipt).
9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (Section 6:166 of the Civil Code).
9.4. The Service Provider is obliged to record the warranty or guarantee claim reported to it by the Consumer.
9.5. A copy of the report must be made available to the Consumer immediately and in a verifiable manner.
9.6. If the Service Provider is unable to state the feasibility of the Consumer's warranty or guarantee claim upon notification thereof, it is obliged to notify the Consumer of its position – in the event of rejection of the claim, the reason for the rejection and the possibility of contacting a conciliation body – within five working days, in a verifiable manner.
9.7. The Service Provider is obliged to keep the minutes for three years from the date of their recording and to present them to the inspection authority upon request.
9.8. The Service Provider shall endeavour to complete the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than 15 days, the Service Provider shall inform the consumer of the expected duration of the repair or replacement. The information shall be provided, with the consumer's prior consent, electronically or in another manner capable of proving receipt by the consumer.
10. MISCELLANEOUS PROVISIONS
10.1. The Service Provider is entitled to use a collaborator to fulfill its obligations. It is fully responsible for the illegal conduct of such collaborator, as if it had committed the illegal conduct itself.
10.2. If any part of these GTC becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.
10.3. If the Service Provider does not exercise its rights under the GTC, the failure to exercise the right shall not be considered a waiver of the given right. Any waiver of any right shall only be valid if there is an express written declaration to this effect. The fact that the Service Provider does not strictly adhere to any essential condition or provision of the GTC on one occasion does not mean that it waives its right to insist on strict compliance with the given condition or provision in the future.
10.4. The Service Provider and the User shall attempt to settle their disputes amicably.
10.5. The Parties acknowledge that the Service Provider's webshop operates in Hungary and is also maintained there. Since the site can also be visited from other countries, the users expressly acknowledge that the governing law in the relationship between the user and the Service Provider is Hungarian law. If the user is a Consumer, then, pursuant to Section 26 (1) of the Hungarian Civil Code, the court of the defendant's (Consumer's) domestic residence shall have exclusive jurisdiction in disputes arising from this contract against the Consumer.
10.6. The Service Provider does not apply different general access conditions for access to products in the webshop for reasons related to the User's citizenship, place of residence or place of settlement.
10.7. The Service Provider shall not apply different conditions to the payment transaction – with regard to the payment methods it accepts – for reasons related to the User's nationality, place of residence or place of establishment, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash substitute payment instrument within the Union.
10.8. The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating unjustified geo-blocking and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) No 2017/2394 and Directive 2009/22/EC.
11. COMPLAINT HANDLING PROCEDURE (IN CASE OF USERS QUALIFIED AS CONSUMERS)
11.1. Our store aims to fulfill all orders in good quality and to the full satisfaction of the customer. If the User has any complaints regarding the contract or its fulfillment, they can submit their complaints by phone, e-mail or by letter.
11.2. The Service Provider shall immediately investigate the oral complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the Service Provider shall immediately record the complaint and its position on it and shall provide a copy thereof to the customer.
11.3. The Service Provider shall respond to the written complaint in writing within 30 days in a manner that can be substantiated and shall take measures to communicate it. It shall justify its position rejecting the complaint. The Service Provider shall keep the minutes of the complaint and a copy of the response for 3 years and shall present them to the supervisory authorities upon their request.
ű 11.4. We inform you that if your complaint is rejected, you may initiate proceedings with an official or conciliation body, as follows (the Service Provider has not made a general declaration of submission):
11.5. The Consumer may file a complaint with the consumer protection authority: Pursuant to Sections (1)-(3) of the Consumer Protection Act and Government Decree 326/2024. (XI. 14.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok
11.6. In the event of a complaint, the Consumer has the option of contacting a conciliation body, whose contact details can be found here:
Budapest Conciliation Board: Budapest Budapest Conciliation Board Address: 1016 Budapest, Krisztina krt. 99. Telephone number: (1) 488-2131 Fax number: (1) 488-2186 President: Dr. Éva Veronika Inzelt Website address: https://bekeltet.bkik.hu/ E-mail address: bekelteto.testulet@bkik.hu
Baranya County Conciliation Board: Pécs Baranya County Conciliation Board Address: 7625 Pécs, Majorossy Imre u. 36. Telephone number: (72) 507-154; (20) 283-3422 Fax number: (72) 507-152 President: Dr. Ferenc Bércesi Website address: www.baranyabekeltetes.hu E-mail address: info@baranyabekeltetes.hu kerelem@baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Board: Miskolc Borsod-Abaúj-Zemplén County Conciliation Board Address: 3525 Miskolc, Szentpáli u. 1. Telephone number: (46) 501-091 (new cases); 501-871 (ongoing cases) President: Dr. Péter Tulipán Website address: www.bekeltetes.borsodmegye.hu E-mail address: bekeltetes@bokik.hu
Csongrád-Csanád County Conciliation Board: Szeged Csongrád-Csanád County Conciliation Board Address: 6721 Szeged, Párizsi krt. 8-12. Telephone number: (62) 554-250/118 ext. Fax number: (62) 426-149 President: Dr. Károly Horváth Website address: www.bekeltetes-csongrad.hu E-mail address: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board: Székesfehérvár Fejér County Conciliation Board Address: 8000 Székesfehérvár, Hosszúséta tér 4-6. Telephone number: (22) 510-310 Fax number: (22) 510-312 President: Dr. József Vári Kovács Website address: www.bekeltetesfejer.hu E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Board: Győr Győr-Moson-Sopron County Conciliation Board Address: 9021 Győr, Szent István út 10/a. Telephone number: (96) 520-217 President: Dr. Beáta Bagoly Website address: https://gymsmkik.hu/bekelteto E-mail address: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Board: Debrecen Hajdú-Bihar County Conciliation Board Headquarters: 4025 Debrecen, Petőfi tér 10. Administrative location: 4025 Debrecen Vörösmarty u. 13-15. Telephone number: (52) 500-710; (52) 500-745 Fax number: (52) 500-720 President: Dr. Zsolt Hajnal Website address: https://www.hbmbekeltetes.hu E-mail address: bekelteto@hbkik.hu
Pest County Conciliation Board: Budapest Pest County Conciliation Board Headquarters: 1055 Budapest, Balassi Bálint u. 25. IV/2. Telephone number: +36 1 792 7881 President: Dr. Pál Koncz Website address: www.pestmegyeibekelteto.hu www.panaszrendezes.hu E-mail address: pmbekelteto@pmkik.hu
11.7. The conciliation board is responsible for the out-of-court settlement of consumer disputes. The conciliation board is responsible for attempting to reach an agreement between the parties for the purpose of settling the consumer dispute; if this is unsuccessful, it shall make a decision on the matter in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. The conciliation board shall, at the request of the Consumer or the Service Provider, provide advice on the rights and obligations of the Consumer. In the conciliation board proceedings, in the absence of an agreement, the board shall issue a decision on the merits of the case containing an obligation a) if aa) the application is well-founded and the undertaking – registered with the conciliation board or the chamber or communicated in its commercial communications – complies with the requirements of Article 36/C. In its general declaration of submission pursuant to §, at the beginning of the procedure or at the latest until the decision is made, it has acknowledged the decision of the conciliation body as binding on itself, or b) the undertaking has not made a declaration of submission, but the application is well-founded and the claim the consumer wishes to enforce does not exceed two hundred thousand forints – neither in the application nor when the decision containing the obligation is made – or b) it makes a recommendation if the application is well-founded, but the undertaking has stated at the beginning of the procedure that it does not recognise the decision of the council as binding, or if it has not stated at all about its recognition of the decision of the council.
11.8. In the event of a cross-border consumer dispute related to an online purchase or service contract, the conciliation body operated by the chamber designated by decree by the minister responsible for consumer protection shall be competent.
11.9. The enterprise is obliged to cooperate in the conciliation body procedure, and within this framework, it is obliged to send its response to the conciliation body with the content specified in the Fgytv, within the deadline specified therein. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the enterprise is obliged to ensure the participation of the person authorised to conclude a settlement at the hearing. The representative of the enterprise authorised to conclude a settlement shall participate online at the online hearing. If the consumer requests a personal hearing, the representative of the enterprise authorised to conclude a settlement shall participate at least online at the hearing.
11.10. If the Consumer does not apply to a conciliation body or the procedure is unsuccessful, the Consumer has the option of applying to court to resolve the dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:
• the court in question;
• the names, residences and legal positions of the parties and their representatives;
• the right sought to be asserted, by presenting the facts on which it is based and the evidence thereof;
• the data from which the jurisdiction and competence of the court can be established;
• a definite request for a court decision. The document or a copy thereof whose content is cited as evidence must be attached to the statement of claim.
12. COPYRIGHT
12.1. Since https://www.divaswimsuit.com, https://www.divaswimsuit.com, as a website, is considered a copyrighted work, it is prohibited to download (replicate), re-transmit to the public, use in any other way, electronically store, process and sell the contents or any part thereof appearing on the https://www.divaswimsuit.com, https://www.divaswimsuit.com website without the written consent of the Service Provider - except for legal documents, since the User can download the GTC and the data management information without any conditions or restrictions, and store them in any form.
12.2. Any material may be taken from the website https://www.divaswimsuit.com, https://www.divaswimsuit.com and its database only with a reference to the given website, even with written consent.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them, and its online advertising spaces.
12.4. It is prohibited to adapt or reverse engineer the content or parts of the website https://www.divaswimsuit.com, https://www.divaswimsuit.com; to establish user IDs and passwords in an unfair manner; to use any application with which the website https://www.divaswimsuit.com, https://www.divaswimsuit.com or any part thereof can be modified or indexed.
12.5. The name https://www.divaswimsuit.com, https://www.divaswimsuit.com is protected by copyright, and its use, except for references, is only possible with the written consent of the Service Provider.
12.6. The User acknowledges that in the event of use without a license, the Service Provider is entitled to a penalty. The amount of the penalty is HUF 60,000 gross per image, or HUF 20,000 gross per word. In the event of copyright infringement, the Service Provider applies a notarial certificate of fact, the amount of which is also passed on to the infringing user.
13. DATA PROTECTION
The website's data protection notice is available at the following page: https://www.divaswimsuit.com
Withdrawal form template
(fill in and return only if you intend to withdraw from the contract)
Recipient (name, postal address, e-mail address, telephone number): La Terrazza Kft., 1185 Budapest Bihar utca 9., divabikini9@gmail.com, +36 20 928 3025
The undersigned declares that he/she will not purchase or sell the following goods:
Order date/receipt date:
Name of consumer(s):
Consumer(s) address:
Signature of the consumer(s) (only in case of written notification):
Date: