GENERAL CONDITIONS OF ASSOCIATION

These General Terms and Conditions (“GTC”) contain the conditions of purchase in the online webshop  on the www.twinquake.com  Website operated by the Seller, in particular the rights and obligations of the Seller and the Customer in connection with the purchase, performance deadlines, delivery and payment terms, and the  rules for exercising the Buyer’s rights.

The Customer is obliged to familiarize himself with the GTC before finalizing the order, by making a purchase on the Website the Customer accepts the provisions of the GTC, and the GTC is fully part of the Agreement concluded between the  Customer and the Seller.

  1. CONTACT DETAILS OF THE SELLER

Company name: I.S. HATALA Kft.

Registered office: 1137 Budapest, Katona J. utca 16.,

Registration authority: Metropolitan Court of Registration

Company registration number: 01 09 702238

Tax number: 12762679-2-41

Account number: Email address: info@twinquake.com
Phone number: 06-30-4015640 (available on working days between 9.00 am and 5.00 pm)

Details of hosting provider:

Company name: Mentha Hosting Kft. Headquarters: 1092 Budapest, Hőgyes Endre utca 3., Fsz 1.

E-mail address: info@mentha.hu

  1. DEFINITIONS

Parties means Seller and Buyer jointly.

Consumer means a natural person acting outside his trade, self-employment or business.

Consumer contract means a contract one of the parties to which qualifies as a Consumer.

Website means www.twinquake.com  website.

The contract means the purchase contract concluded between the Seller and the Buyer using the Website and electronic mail.

Product means the product offered  by the Webshop and offered for sale on the Website.

Customer means the person  making an offer to purchase and concluding a contract through the Website.

Webshop means the webshop on the Website.

  1. PURCHASE PROCESS

3.1 Selection of Products and placing them in the basket

The Customer can find out about the detailed characteristics and price of the Product to be ordered by clicking on the name of the Product or the image depicting the Product  . The Customer can place the Product in their virtual basket by clicking on the “Add to cart” button. When you add the Product to your cart, the inscription “Product placed in the cart” appears, then the serial number of the product placed in the cart appears next to the cart icon. If you click on “Cart”, the contents of the cart will be displayed, where you can check the contents of your cart. If you wish to continue shopping or browse through Products, you may do so by clicking on other Products or by clicking the Continue Purchase button.

3.2 Modifying the contents of the cart

On the “Cart” page, you can change the quantity of the Product you want to order and delete an item from your cart.

3.3 Finalizing the order, providing delivery data

If you found everything in order in the “Cart”, you can start the order by clicking on the “Go to checkout” button and log in to your account, or you can make purchases without registration by entering the requested data.

A registered customer can log in to their account using the item “Returning customer? Click here to log in!” or click on the “Sign in” icon in the upper right corner. However, registration is not a prerequisite for purchase.

The Customer, having provided all necessary personal data under “Billing Information”, may proceed with the purchase. Next, you’ll need to enter your shipping details by clicking “Ship to another address?” if the shipping address doesn’t match your billing address. Below these, you will see a summary where you can check your order details one last time before sending it finally. You’ll then need to select your payment method from the available options. By  clicking on “Send order” you can finalize your order and send it to the Seller.

3.4 Confirmation

After completing the order, the system will send you an automatic confirmation email.

Upon receipt of the automatic email to the Customer, the Contract is concluded. The Seller reserves the right to deviate from the delivery time indicated in the automatic confirmation in exceptional cases. This may be caused by a sudden, unpredictable stock shortage for certain Products, of which the Seller will immediately notify the Buyer .

If the Customer notices an error in the data contained in the  confirmation email, he/she must notify the Seller within 24 hours of receiving  the confirmation email  in order to avoid fulfilling unwanted orders. After the expiry of this deadline, the order confirmation email shall be considered by the Seller as fully correct  and not objected to by the Buyer.

  1. FORM OF THE CONTRACT

The contract concluded through the Website does not constitute a written contract. Accordingly, the Contract is not filed by the Seller  , and thus it is not possible for the Customer to access it subsequently in writing. The Customer has the opportunity to make a copy of these GTC.

  1. CORRECTION OF DATA ENTRY ERRORS

During the purchase process, the Customer has the opportunity to modify the data entered by him before finalizing the order (clicking on the back button in the browser opens the previous page, so the entered data can be corrected even if the Customer has already entered the next page). The Customer is responsible for the accuracy of the data provided by him.  By placing an order, the Customer acknowledges that the Seller is entitled to charge all damages and costs resulting from incorrect data entry and inaccurate data  provided to the Customer. The Seller excludes its liability for performance based on inaccurate data entry.

  1. LANGUAGE OF THE CONTRACT

The language of the Treaty is Hungarian.

  1. INFORMATION ON THE MAIN CHARACTERISTICS OF PRODUCTS

The essential characteristics of the Products on the Website are set out in the description next to the respective Product. The Seller shall make every effort to indicate the basic characteristics of the Products as authentically as possible . This includes product descriptions, photographs of the Product, name, gross price and costs related to the delivery of the Product.

The  Seller shall not be liable for damages resulting from the misinterpretation of the description  description.

The Seller handles the information on the Website with due care, however, changes and typos may occur in them.

The price indicated next to the Products on the Website is in Hungarian Forints, plus shipping costs, which are not included in the price of the Product. The price is the price valid at the time of ordering.

  1. IMPLIED WARRANTY, PRODUCT WARRANTY, GUARANTEE

8.1 Warranty for defects

In the event of defective performance by the Seller, the Buyer may enforce a warranty claim against the Seller.

The Customer may, at its option, make the following warranty claims: request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would entail disproportionate additional costs for the Seller compared to the fulfillment of other claims. If the Seller has not undertaken or is unable to undertake the repair or replacement, or if the Buyer’s interest in repair or replacement has ceased, the Customer may request a proportionate reduction of the price, or the Customer may repair or have the defect repaired by someone else at the expense of the Seller or, as a last resort,  withdraw from the contract. You may switch from your chosen warranty right to another, but the cost of the transition shall be borne by the Customer, unless it was justified or the Seller gave reason for it.

The Buyer is obliged to notify the Seller of the defect immediately after its discovery, but not later than within two (2) months from the discovery of the defect. Beyond the two-year limitation period from the performance of the contract, you may no longer enforce your warranty rights.

The Customer may enforce his warranty claim against the Seller.

Within one (1) year of performance, there are no conditions for enforcing the warranty claim other than the notification of the defect (i.e. it is presumed that the defect already existed at the time of performance of the goods) if the Customer proves that he purchased the product from the Seller (by presenting an invoice or a copy of the invoice), unless the above presumption is incompatible with the nature of the goods or the nature of the defect. However, after one year from the date of performance, the Customer is obliged to prove that the defect recognized by the Customer already existed at the time of performance.

8.2 Product warranty

In the event of a defect in the Product, the Customer may, at his option, enforce the right or product warranty claim specified in Section 8.1.

As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

A Product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have  the characteristics specified by the manufacturer  .

The Customer may enforce his product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall lose this entitlement.

You can only exercise your product warranty claim against the manufacturer or distributor of the Product (i.e. the Seller). The Customer must prove the defect of the Product in the event of a product warranty claim.

The manufacturer, distributor (i.e. Seller) is only released from its product warranty obligation if it can prove that:

  1. the Product was not manufactured or marketed in the course of its business, or
  2. the defect was not recognizable according to the state of scientific and technical knowledge at the time of placing on the market, or
  3. the defect of the Product results from the application of legislation or mandatory official regulations.

It is sufficient for the manufacturer or distributor (i.e. the Seller) to prove one reason for exemption.

Due to the same defect, the Customer may not enforce a warranty claim and a product warranty claim at the same time, in parallel. However, in case of successful enforcement of the product warranty claim, the Customer may enforce his warranty claim for the replaced product or repaired part.

8.3 Warranty

Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain durable consumer goods contains provisions regarding the mandatory warranty for consumer goods, according to which Products sold by  the Seller are only guaranteed if the given Product falls within the scope of the Annex to the Government Decree.

The Seller shall be released from its warranty obligation if it proves that the cause of the defect arose after performance.

Due to the same defect, the Customer may not enforce a warranty and guarantee claim or a product warranty and guarantee claim at the same time, in parallel, but otherwise the Customer shall have the rights arising from the warranty independently of the rights specified in sections 8.1 and 8.2.

  1. COMPLAINT HANDLING, DISPUTE RESOLUTION FORUM

9.1 Consumer complaint

The Buyer’s consumer complaints regarding the Product or the Seller’s activities shall be dealt with in accordance with Article 14.  section of this section.

The Seller shall remedy the oral complaint immediately, if possible. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint, or if the Customer does not agree with the handling of the complaint, the Seller shall  draw up a record of  the complaint, which shall be kept for five years, together with the substantive response to the complaint.

In the case of an oral complaint communicated by telephone or other electronic communication service, the Seller shall send a copy of the minutes to the Customer at the latest at the same time as the substantive response.

In all other cases, the Seller shall act in accordance with the rules applicable to written complaints.

The complaint recorded by phone or other means of communication is assigned a unique identifier by the Seller, which simplifies the retrieval of the complaint later.

The Seller shall respond to the complaint received in writing within 30 days. The measure within the meaning of this Treaty means posting.

If the complaint is rejected, the Seller shall inform the Customer of the reason for the rejection.

9.2 Other enforcement options

If any dispute between the Seller and the Buyer is not resolved during negotiations with the Seller, the Customer may initiate court proceedings, and in the event of a consumer dispute, the following legal remedies are open to the Customer  (if the Customer qualifies as a Consumer):

Initiation of proceedings by the Conciliation Body competent according to the place of residence or stay of the Customer

The Budapest Conciliation Board: 1016 Budapest, Krisztina krt. 99. III. em. 310. Postal address: 1253 Budapest, Pf.: 10. E-mail address: bekelteto.testulet@bkik.hu, onlinevita@bkik.hu Fax: 06 (1) 488 21 86 Phone: 06 (1) 488 21 31

In case of a dispute related to the webshop, the Consumer may turn to the conciliation body competent at his place of residence. The operator of the Webshop is obliged to participate and cooperate in the conciliation procedure in accordance with the relevant legislation. A list of bodies can be found on the www.bekeltetes.hu page.

Through the European Commission’s website, consumers will have the possibility to resolve disputes with service providers related to online purchases, which will allow the Parties to avoid court proceedings.

The ODR platform is available here:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU

  1. BUYER’S RIGHT OF WITHDRAWAL
  2. 1 Right of withdrawal

The provisions of this section apply and apply only to the Customer (Consumer) who is a natural person acting outside his trade, profession or business. For the avoidance of doubt, the Seller records and the relevant Buyers expressly acknowledge that all natural persons who do not meet the definition mentioned in this section, i.e. do not act outside their trade, profession or business, and Buyers who are not natural persons are not subject to the rules detailed in this section, i.e. the provisions of this section do not apply to such persons.

The Customer qualifying as a Consumer is entitled to conclude a contract for the sale of goods concluded through the Product Webshop or otherwise off-premises or at a distance

a./ the Product,

b./ in the case of the sale and purchase of several Products, if each Product is supplied at a different time, to the last Product supplied,

c./ in the case of a Product consisting of several lots or pieces, the last lot or piece delivered,

withdraw from the contract without giving reasons  within 14 (fourteen) days from the date of receipt by the Customer or a third party other than the carrier indicated by the Customer  (hereinafter referred to as the “Withdrawal Period”).

The Customer has  the right to exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the Product.

If the Customer wishes to exercise his right of withdrawal, he shall send a clear statement of his intention to withdraw   electronically or by post to the Seller using the contact details indicated in Section 14 of these GTC during the Withdrawal Period. For this purpose, the Customer may also use the  model withdrawal

The Customer shall bear the burden of proving that he has exercised his right of withdrawal in accordance with the provisions set out in this section and the relevant legal provisions. If the Customer does not send his statement of withdrawal within the specified deadline, in a way that can be verified beyond any doubt, this shall be deemed to mean that the Customer has not fulfilled the conditions necessary for exercising the right of withdrawal, therefore his contract will not be terminated, his contract will remain in force.

In the case of written withdrawal, it shall be deemed to have been validated within the deadline if the Customer  sends this statement to the Seller during the Withdrawal Period (even on the 14th calendar day).

For the purpose of calculating the deadline – in case of withdrawal by e-mail – the Seller takes into account the date of sending the statement of withdrawal by e-mail.

The Customer exercises his right of withdrawal within the deadline if he sends his statement of withdrawal to the Seller as described before the end of the Withdrawal Period (i.e. within 14 days).

In case of withdrawal, the Customer is obliged to return the ordered Product to the Seller to the address indicated in Section 14 without delay, but no later than within 30 (thirty) days from the communication of his statement of withdrawal. The deadline shall be deemed to have been met if the Customer sends (mails or hands over to the courier ordered) the Product before the expiry of the 30 (thirty) day deadline.

You can also return the ordered product to the personal collection point. The Seller does not undertake to refund cash.

If the Customer orders more than one Product, he may withdraw from any or all contracts for the products.

The cost of returning the Product to the Seller’s address shall be borne by the Buyer. The Seller is not able to accept the parcel returned by cash on delivery. Apart from the cost of returning the Product, the Customer shall not bear any other costs in connection with the withdrawal. The Product must be returned in its original packaging. If the Customer places an order for another Product instead of the returned Product, the cost of shipping the new order shall be borne by the Seller regardless of the value of the package.

If the Customer withdraws from the Contract, immediately, but no later than  within 14 days of receipt (notification) of the Buyer’s statement of withdrawal, the Seller  shall refund all consideration paid by the Buyer, except for the additional costs incurred due to the Buyer choosing a mode of transport other than the cheapest standard mode of transport offered by the Seller.

The Seller is entitled to withhold the refund until he has received the Product back. In case of credit card or prepayment (if available), the Seller will always refund the return amount to the bank account specified at the time of payment.

In the event that the Customer withdraws from the Contract for the purchase of the Product with a unilateral declaration, but has used the Product affected by the withdrawal to an extent exceeding the use necessary to determine its nature, characteristics or operation, he/she shall be liable for the depreciation of the product. The  Seller shall enforce this amount proportional to the depreciation when reimbursing the purchase price of the product subject to the  right of withdrawal, i.e. this amount shall be deducted from the refundable purchase price by offsetting. The  amount of depreciation  is determined by the Seller based on the nature, value (purchase price) of the Product affected by the withdrawal, as well as the degree of wear/wear resulting from the use as described above.

In the case of a package offer on the Website, the right of withdrawal can only be exercised in respect of the entire Product (the package offer as a whole).

The Customer does not have the right of withdrawal

  1. in the case of a non-prefabricated product produced by the Seller on the instructions or express request of the Buyer, or in the case of a product that is clearly personalized to the Buyer,
  2. in respect of a sealed product which, for health or hygiene reasons, cannot be returned after it has been opened after delivery (e.g. soap, toothbrush, razor, cup, bottle, cosmetics, detergent),
  3. in respect 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,
  4. in respect of a product or service, the price or fee of which depends on fluctuations in the financial market beyond the control of the Seller.

The Customer must attach the invoice to the product to be returned and, if possible,  indicate the reason for the return. The indication  of the reason for the return, i.e. the justification of the right of withdrawal, is not mandatory, so if the Customer does not indicate the reason for  the return, this does not mean the loss of his right of withdrawal or the impairment of any related rights for this reason. In case of returning the Product, the Customer must return the Product(s) to the address specified in Section 14.

If the Customer has any questions regarding the right of withdrawal, he can contact the Seller’s customer service at the following email address: info@twinquake.com or at the following phone number: 06-30-4015640 (working day between 9.00 am and 5.00 pm, at normal rates).

Withdrawal in case of promotion:

If the Consumer exercises his right of withdrawal set out in the Seller’s GTC during the promotion announced by the Seller (within 14 days from the date of purchase), the following rules shall also be observed and applied accordingly in connection with the return of the Products and the refund of the purchase price :

  1. If the return of the Product relates to the gift product received during the promotion, the Seller shall not reimburse the Customer for the gross consumer purchase price of the Product indicated in the receipt/invoice – validated as a discount, i.e. deducted from the total amount of the purchase price – given that it was not paid by the Customer upon receipt of the Product as a result of the promotional conditions (the product was provided free of charge);
  2. If the Customer wishes to return all the Products received and paid for which the purchase price was paid (i.e. not the product received as a gift) and the Customer wishes to keep the gift Product, the original purchase price indicated on the receipt/invoice must be reimbursed at the same time as the return of the other Product, since the condition of the gift benefit was the purchase of a Product. A prerequisite for the refund of the purchase price of the Product already paid and intended to be returned is the reimbursement of the purchase price of the gift Product or at the same time the return of the gift Product.
  3. If the Customer purchased more than HUF 50,000 and therefore used free shipping, then in the case of return, if the total amount less the price of the returned product does not reach HUF 50,000, the Seller will refund the amount reduced by the shipping fee to the Customer, as this way the Customer will not be entitled to free shipping.
  4. SHIPPING, SHIPPING COSTS

By receiving the ordered Product from the courier or signing the document confirming receipt, the quantity and quality of the product is received, which means that the Seller is not able to accept quantitative and qualitative complaints subsequently. By signing the delivery note, you acknowledge that the received package complies with your order both externally and in terms of its content (the contents of the package are not incomplete, the packaging or the Product is not damaged).

Delivery can take place not only in Hungary territory. The Seller informs the Customer about the delivery times during the respective ordering process. If the delivery time specified there cannot be kept, the Seller will inform the Customer thereof by e-mail.

From the date of placing the order, the average delivery times are as follows: in the case of products in stock, the delivery time is approximately 1-3 days, while in the case of products to be ordered, it is 1-2 weeks. If we need to order the product from a foreign manufacturer, it may take 2-4 weeks.

The Customer can choose from the following delivery methods:

  1. You can request home delivery with the courier, the fee of which is always calculated during the purchase process – depending on the size, weight and delivery address of the package. The courier service will notify the Customer by email of the exact delivery time.
  2. For some products, personal pick-up is also possible. In this case, no shipping fees will be charged.

Above a gross purchase value of HUF 50,000, shipping is free of charge for all three shipping methods.

If, after placing the order, for technical or logistical reasons, we have to deliver the order in several steps, the shipping costs will of course only be charged once by the Seller.

If you notice damage to the product or packaging, during receipt, you must ask the courier to draw up a report on the damage. If the packaging or the Product is visibly damaged upon receipt and the damage occurred prior to receipt of the goods, the Seller shall ensure the return of the Product free of charge. The  Seller  shall not be liable for any damage detected after receipt!

  1. RETENTION OF TITLE

The purchase price remains the property of the Seller until full payment. If, for  whatever reason, the Product nevertheless comes into the possession of the Customer before full payment of  the purchase price, he shall be liable to the Seller for all damages that occurred after receipt of the Product.

  1. PAYMENT, DUE DATE, LATE PAYMENT

Payment for the goods can be made by bank card or cash on delivery. Online bank card payments are made through Barion’s system. Credit/debit card details are not sent to the merchant. The service provider Barion Payment Zrt. is an institution under the supervision of the National Bank of Hungary, license number: H-EN-I-1064/2013.

  1. CONTACT US

If you have any questions or complaints, please contact us at:

By email: info@twinquake.com

By phone: 06-30/4015640 (standard rates, Mon-Fri between 9:00 am and 5:00 pm)

By post: I.S. Hatala Kft. 1137 Budapest, Katona J. utca 16.

  1. MODIFICATION OF THE GTC

The Seller is entitled to unilaterally modify these GTC at any time. The amendments shall be effective upon publication on the Website. The amended provisions shall apply to orders placed after the entry into force.

The Seller reserves the right to make any changes or corrections to the Website at any time without prior notice and to move the Website under another domain name.

These Terms and Conditions are effective July 1, 2023.