TERMS AND CONDITIONS
Imprint:
Monochrome Design Kft. /LLC.
Nyúl utca 18.
1026 Budapest
Hungary
Executive Director: Karajz Zsolt
Company Registration Number: 01 09 890786
Tax ID: 14142242241
Mailing address:
Monochrome Design Kft. /LLC.
Nyúl utca 18.
1026 Budapest
Hungary
Phone number: +36 30 434 6850
E-mail address: info@mokointerior.com
Concepts:
Any occurrence of the term "we" or "our" or "by us" means the company MOKO Interior, Monochrome Design Kft., and any occurrence of the term "you" or "your" means you as a customer.
Parties: Our Company and the Customer jointly.
Consumer: a natural person acting outside the scope of her profession, independent occupation or business activity.
Consumer contract: a contract, one of whose subject is a consumer.
Website: www.mokointerior.com
GENERAL TERMS AND CONDITIONS (GTC)
Please read this document carefully before sending your order, because by finalizing your order, you accept the content of this GTC!
If you have any questions about these General Terms and Conditions, the use of the website, the individual products, the purchase process, or if you would like to discuss your individual needs with us, please contact our staff at the contact details provided!
Data of public interest:
Monochrome Design Kft. /LLC.
Nyúl utca 18.
1026 Budapest
Hungary
Executive director: Karajz Zsolt
Company registration number: 01 09 890786
Tax ID: 14142242241
Mailing address:
Monochrome Design Kft. /LLC.
Nyúl utca 18.
1026 Budapest
Hungary
Phone: +36 30 434 6850
E-mail address: info@mokointerior.com
Preamble:
These General Terms and Conditions of Monochrome Design Kft. (Company registration number: 01 09 890786, Budapest, 1026. Nyúl utca 18.) contain the terms and conditions of orders placed for Monochrome Design Kft. at the contact details specified in the public interest data section, as well as the rights and obligations of the Parties. These Terms and Conditions apply to all legal transactions and services submitted to Monochrome Design Kft. (company registration number: 01 09 890786, Budapest, 1026. Nyúl utca 18.) via the above contact details.
I. Scope and acceptance of the GTC
The content of the contract between us is determined - in addition to the provisions of the relevant binding legislation - by this General Terms and Conditions (hereinafter: GTC) and further information on the website. Accordingly, this Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.
Before finalizing your order, you must familiarize yourself with the provisions of this GTC. By purchasing through our online store, you accept the provisions of this Terms and Conditions, and the Terms and Conditions are fully part of the contract between you and the Seller.
II. How does ordering work?
Recipient of the order:
When you place an order via the above-mentioned contact details (email, phone), the order is received and fulfilled by Monochrome Design Kft. / LLC. (Company Registration Number: : 01 09 890786, Budapest, 1026. Nyúl utca 18.)
The name and logo “MOKO” and “MOKO Interior” are Monochrome Design Kft / LLC’s trademark.
Procedure for placing an order:
It is possible to place an order using the contact details recorded in the Public Interest Data section, e.g. the sending of a letter sent to the mailing address - containing a request unmistakably referring to the intention of the order, and an email to the email address provided as contact information - containing a request unmistakably referring to the intention of the order.
The order is placed after preliminary correspondence (negotiation of dimensions, selection of module, veneer, surface treatment, sending of price offer) by the customer sending an e-mail containing a statement clearly indicating the intention of the order, which must include the module, size, color/veneer of the panels to be ordered , your chosen follow-up treatments, order address, billing data. The email must be sent in writing to the email address info@mokointerior.com. Monochrome Design Kft. does not consider an email that does not contain the mandatory content elements defined above as an order. Monochrome Design Kft. confirms the order also in writing via email, after which an advance invoice for half of the total amount will be issued. By properly sending the order and its acceptance by us, a contract is created for the products that are the subject of the order, and it creates a payment obligation for you and a performance obligation for our Company.
When does the agreement become binding?
Before sending the order confirmation, you have the opportunity to review, correct and delete any point of the order. As soon as the acceptance statement made by our Company related to the order and the advance invoice is issued, the agreement becomes binding.
Monochrome Design Kft. reserves the right to suspend or cancel the order without reason or prior notice if the order raises security concerns or violates our rules or conditions.
If the person placing the order is considered a consumer in terms of the contract, the rules of the contract entered into by the absentees also apply to the legal transaction, which are detailed separately in these General Terms and Conditions.
A natural person acting outside the scope of his profession, independent occupation or business activity is considered a consumer.
May I purchase, even if I don’t accept the General Terms and Conditions?
No, you can only place an order if you have accepted the terms and conditions in writing within the framework of an e-mail.
Giving a different delivery address:
You can also request delivery to a location other than the billing address. In this case, provide the desired delivery address to our contact person before finalizing the order. In this case, you must make a specific and definite written statement regarding the delivery address. Monochrome Design Kft.'s products are delivered within the framework of commissioning third-party courier services.
The entire delivery fee is borne by the ordering party. It is only possible to change the delivery address afterwards if the product has not been handed over to the courier service. In this case, our Company is entitled to charge a separate fee for the change, and you must also pay any additional costs resulting from changing the delivery address.
"Do I need to keep a copy of the documents related to the order?
It is not necessary, but it is recommended for your convenience. Since the ordering process takes place directly within the framework of an e-mail exchange with us, if any questions arise in connection with the order for which you would like to contact us, we have all the preliminary information available.
How do you process my personal data?
You can find details about the storage, control and updating of your personal data in our Privacy Policy. You can find, download, and view the Privacy Policy on the website mokointerior.com/privacy.
III. How do you process my personal data?
We use, store and share your personal data in accordance with our Privacy Policy, and we use and share the personal data you provide in connection with the order for the following purposes: in order to fulfil and process your order - for this purpose we share your personal information with our trusted third party partners who provide us with warehousing, packaging, shipping, delivery, fraud detection and prevention and claims handling services, in order to help you through our customer service, in order to send you a questionnaire by e-mail after the order.
Details related to the collection, use, storage, preservation, and deletion of data and decision-making processes; the parties with whom we share your data; cases of data sharing; and information about reviewing data and updating your personal data can be found in our Privacy Policy.
IV. Interpretation of the data in MOKO Interior’s price list:
The prices shown in the price list include all applicable taxes. It is not possible to request a VAT refund. Prices are in HUF and include 27% VAT. The prices are informative, we reserve the right to change prices.
Indiciation of incorrect prices in the price list:
We make every effort to ensure that all prices shown on our price list are correct. However, errors may occur from time to time. Such an error is especially, but not exclusively, the obviously wrong, e.g. a HUF "0" or HUF "1" price that is significantly different from the well-known, generally accepted or estimated price of the product, possibly due to a system error. In this case, our company is not obliged to deliver the product at an incorrect price. If we discover an error in the price of the ordered products, we will inform you as soon as possible and provide the opportunity to reconfirm or cancel the order at the correct price. If we cannot reach you or you do not confirm the order, we will cancel it.
If the Customer insists on fulfilling the contract despite the obviously incorrect price, in that case Monochrome Design Kft. has the right to withdraw from the contract.
Can the prices shown in the price list sent by MOKO Interior change?
Yes, all prices in MOKO Interior's price list are subject to change without notice. In addition, all of our sent price lists and quotations are valid for 30 days from the date of dispatch.
Our company reserves the right to change the prices of the products included in the price list, with the amendment coming into effect at the same time as the updated price list is published, and is applicable to orders placed thereafter.
Delivery price:
The prices shown in the price list do not include shipping costs. Such costs will be added to the order total as a separate item. We provide our customers with a quote for shipping costs before placing an order. Considering that our company handles the delivery with a fixed, contracted courier service, the customer is not entitled to request the use of another courier service.
V. Payment method?
Available payment methods:
The only way to pay is to pay the 2 invoices issued by us following the confirmation of the order by bank transfer. Cash on delivery, cash or bank card payments are not possible.
In all cases, payment is made in two installments via two invoices. The value of the two invoices is the same as the total amount of the price offer accepted by the customer.
The first invoice (advance invoice) contains half of the total amount of the order and is issued when the customer confirms the order in writing and also accepts the secured price offer in writing.
The start of the production process of the ordered products starts on the condition that the first invoice is fulfilled. Before the settlement of the first invoice, our Company will not start the production process, including that if an order of material is necessary for the production, order of the material will not be placed until the settlement of the first invoice. Our company is not responsible if the production process can only begin late or the order of material needed for production late due to late payment of the invoice by the Customer.
The second invoice contains the second half of the total amount and is issued to the customer upon completion of production. The start of the delivery process of the products starts on the condition that the second invoice is fulfilled. Our Company will not deliver the product until the second invoice is settled.
If any invoice is delayed, please contact customer service.
Consequences of late bill payment:
First bill
If the payment is not received for the first invoice within the specified deadline, we will send payment reminders up to 3 times. If the invoice is not settled even after this, the order will be cancelled. In this case, the Customer acknowledges that he cannot make any claims against our Company due to the cancellation of the order.
If the customer does not pay the first invoice within the specified deadline, it is considered a breach of contract due to late payment on the part of the customer, and we have the right to demand late payment interest up to a maximum of 5 percent above the current central bank base rate, or up to the highest amount allowed by the relevant laws (from depending on which of the two is lower). In this case, the ordered items remain legally our property until we receive their full consideration from the ordering party.
We reserve the right to charge a separate reminder fee for each reminder sent in accordance with applicable law.
Second bill:
If the second invoice is not paid within the deadline, we will send a maximum of 3 payment reminders before the debt is handed over for collection, which may also affect the customer's credit rating. In this case, the costs of asserting the claim are borne by the Customer. The product will not be delivered until the invoice is settled. We reserve the right to charge a separate reminder fee for each reminder sent in accordance with applicable law.
VI. Delivery of orders?
Delivery price:
The prices shown in the price list do not include shipping costs. Such costs will be added to the order total as a separate item. We provide our customers with a quote for shipping costs before placing an order. Considering that our company handles the delivery with a fixed, contracted courier service, the customer is not entitled to request the use of another courier service.
Delivery deadline:
As long as the first and second invoices have not been paid in full (in case of delay, including the late interest and the claim enforcement costs charged by us), our company will not make any arrangements for the delivery of the products. In this case, the customer bears all the legal consequences resulting from the failure or delay of the delivery, and with respect to these, he cannot make any claims against our Company.
The delivery time may vary depending on the delivery address of the orders. Our company is not responsible for any delays caused by the transport organizer or the customer.
We inform the customer about the estimated delivery time immediately after the transport has been organized by email or if the service is available at the carrier, we will give you access to the package tracking interface. We follow the delivery process all the way through and notify the ordering party immediately if we see any deviations from previous estimates.
Delivery price:
Yes, shipping costs are added to the price of the ordered products. In all cases, the price of the delivery will be indicated to the ordering party in advance, and if required, we can also list it as a separate item on the 2 invoices.
VII. Right of Withdrawal / Rescinding:
Exercising the right of withdrawal in the case of a customer who is a consumer:
Based on the Civil Code 8:1. § 1 and 3, only a natural person acting outside the scope of his profession, independent occupation or business activity is considered to be a consumer, so legal entities, sole proprietors and other business organizations cannot use the right of withdrawal without justification!
According to the § 20 45/2014. (II. 26.) Government Decree, the consumer has the right to cancel without giving reasons.
The consumer's right of withdrawal or termination according to
a) in the case of a contract for the sale of goods
aa) for the goods,
ab) when buying and selling several goods, if the individual goods are delivered at different times, to the last delivered goods,
ac) in the case of goods consisting of several items or pieces, the last delivered item or piece,
ad) if the goods must be supplied regularly within a specified period, the first service,
from the date of receipt by the consumer or a third party indicated by him, other than the carrier;
b) in the case of a contract for the provision of services, from the date of conclusion of the contract you can exercise it within fourteen days.
In the case of a contract for the sale of goods, the above does not affect the right of the consumer to exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the goods.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the binding nature of the offer covering the conclusion of the contract.
Validity of the consumer's declaration of withdrawal:
The right of withdrawal shall be deemed to have been asserted within the deadline if the consumer sends his statement within the deadline. The deadline is 14 days. The withdrawal period is valid for 14 days from the day on which you or a third party authorized by you (who cannot be the courier) take physical possession of the products. If the products belonging to an order are delivered separately, in several installments, the withdrawal period expires 14 days after the date of physical possession of the last product.
Please note that the right of withdrawal can only be exercised for all items related to each product. According to this, you cannot refrain from buying only certain building elements of a product, but only from buying the product as a whole.
The consumer bears the burden of proving that he exercised his right of withdrawal in accordance with this provision. The Seller is obliged to confirm the consumer's declaration of withdrawal on an electronic data medium after its arrival.
Exercising the right of withdrawal
The customer can only exercise her right of withdrawal if she clearly states:
I.) in a letter addressed to us,
II.) in an e-mail addressed to us,
III.) by calling customer services, notifying us that she wants to withdraw from the contract.
We recommend that you exercise your cancellation in such a way that you can confirm the date of cancellation in the event that for some reason the declaration does not reach us (e.g. registered mail with return receipt).
If the customer wishes to exercise his right of withdrawal in writing, he can also use the withdrawal statement at the end of these General Terms and Conditions, but this is not mandatory.
Declaration of withdrawal, exercising of the consumer's right of withdrawal or termination, guaranteed in Art. 45/2014. (II. 26.) § 20 Government Decree, you can exercise your right by means of a clear declaration to this effect, or by using a sample declaration that can also be downloaded from the website.
What if I change my mind and I withdraw from the contract?
If the ordering party legally withdraws from the contract, we will refund all amounts paid, including shipping costs.
If the consumer, based on 45/2014. (II. 26.) Government Decree § 22, withdraws from the contract, our Company will refund the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, such as the delivery fee, within fourteen days of learning about the withdrawal at the latest.. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least expensive standard mode of transport.
However, we can refuse the refund until we receive the products back, or until the customer provides evidence that the products have been returned within the time-frame deadline codified in accordance with Art. 45/2014 § 24 of the Government Decree. (whichever comes first).
For this kind of refund, we use the same payment method that we used for the original transaction. In connection with this kind of repayment, the ordering party will not be charged with additional costs.
Returning the product:
If the consumer , in accordance with 45/2014 § 22 of the Government Decree, withdraws from a contract concluded outside the business premises or concluded between absentees, then the consumer must return the goods immediately, but no later than fourteen days from the notification of withdrawal, or hand them over to the company or to a person authorized by the company to receive the goods, except , if the company has agreed to transport the goods back itself. The return is deemed completed within the deadline if the consumer sends the goods before the deadline.
The consumer bears only the direct cost of returning the goods, unless the company has undertaken to bear this cost.
The product must be returned to the Seller's address. Monochrome Design Kft. reserves the right to specify the return address in the reply to the customer's e-mail indicating his intention to cancel. The time of this response does not affect the statute of limitations of the customer's intention to cancel, and our Company bears any additional costs resulting from this.
If the consumer terminates the service provision contract concluded off-premises or between absent parties after the start of performance, he is obliged to pay the company a fee proportionate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the consumer must be determined on the basis of the total amount of the consideration established in the contract plus tax. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract. Please note that we are unable to accept a product returned by cash on delivery or by postage.
The state of the returned product:
The customer is responsible for any kind of depreciation in the products caused by handling other than in accordance with the nature, characteristics and correct functioning of the products.
Pursuant to this, in case of cancellation, the amount of the refund will be reduced proportionally to the decrease in value resulting from the handling of the products other than in accordance with their nature, characteristics and proper functioning. The refund value is significantly reduced if the customer opens the packaging in such a way that it is damaged. In such a case, you will be entitled to a much smaller refund if you exercise your right of withdrawal. The same applies if you do not return the entire content of the order, but only certain items.
The right of withdrawal cannot be exercised in the following cases:
The Seller specifically calls your attention to the fact that you cannot exercise your right of withdrawal, stipulated in 45/2014 (II.26.) Government Decree 29. §. (1) in the following cases:
a) in the case of a service contract, after the performance of the service as a whole, if the business has started performance with the express, prior consent of the consumer and the consumer acknowledged that after the completion of the service as a whole, you lose your right of termination;
b) with regard to a product or service whose price or fee depend on the flucuation that cannot be influenced by the money market enterprise, that can occur even during the determined deadline for exercising the right of withdrawal
c) in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;
d) in the case of perishable goods or goods that do not maintain their quality for a long time;
e) with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
f) with regard to a product which, by its nature, is inseparable after the handover because ity mixed with other products;
g) with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the company's control, 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 from the conclusion of the contract;
h) in the case of a business contract where the business reaches out to the consumer at the express request of the consumerin order to carry out urgent repair or maintenance work;
i) sealed packaging of audio and video recordings, as well as in cases of sales of copies of computer softwares, if the consumer has opened the packaging after the handover;
j) with regard to newspapers, magazines and periodicals, with the exception of subscription contracts
k) in cases of contracts executed at public auctions;
l) with the exception of housing services, contracts for the provision of accommodation, transport, car rental, catering or related to leisure activities in the case of a service contract, if the performance specified in the contract has been set with a deadline;
m) with regard to digital data content provided on a non-physical data carrier, if the business started performance with the express prior consent of the consumer, and at the same time as this consent the consumer declared that he/she understands that he/she will lose his/her right of withdrawal after the start of performance.
Accessory warranty, product warranty, warranty
This point of the consumer information was prepared based on the authorization of Section 9 (3) of Government Decree 45/2014 (II.26) by applying Annex No. 3 of Government Decree 45/2014 (II.26).
In case of buyers who are not considered withdrawing consumers:
In case of withdrawal or termination by an orderer who is not a consumer, the provisions of the Civil Code are in force at all times and they shall govern.
VIII. Validation of a warranty claim:
Warranty:
When can you exercise your right of warranty?
In the event of defective performance by the Seller, you may assert a warranty claim against the Seller according to the rules of the Civil Code.
What rights do you have based on your warranty claim?
You can – according to your choice – make use of the following warranty claims:
You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation or you can repair the defect at our company's expense, or you can have it repaired by someone else or - as a last resort - you can also withdraw from the contract.
You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or our Company gave us a reason for it.
What is the deadline for your warranty claim?
You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.
If the subject of the contract between the consumer and the business is a used item, the parties have the right to agree on a time shorter than the statute of limitations; a limitation period of less than one year cannot be validly established in this case either.
Who can you enforce your warranty claim against?
You can enforce your warranty claim against our Company.
What other conditions are there for asserting your accessory warranty claim?
Within six months from the date of delivery, there are no other conditions for validating your warranty claim, other than reporting the defect, if you prove that the product or service was provided by our Company. However, after six months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance. In the case of used products, warranty rights differ from the general rules. In the case of used products, we can also speak of defective performance, however, the circumstances under which the Buyer could have expected the occurrence of certain defects must be taken into account. During use, the occurrence of certain defects becomes more and more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the customer can only assert his warranty rights with respect to defects that are beyond defects resulting from use and that arose independently of them. If the used product is defective and the Buyer, who is considered a Consumer, received information about this at the time of purchase, our Company is not responsible for the known defect.
In addition, we recommend that if for any reason you are not completely satisfied with an order, please contact our customer service. The customer service will work with you to find the best solution so that you are satisfied with your MOKO Interior order and purchase.
Please keep any defective or broken items until you receive the replacement item(s) from us. This is important because we may ask you to send back a faulty or broken item so that our quality assurance department can inspect it. We want to make sure that this kind of mistake never happens again. If we ask you to send something back to us, we will reimburse the shipping cost to the ordering party depending on local conditions.
IX. Warranty:
In the event of defective performance, based on a contract or legal requirement, the obligee is obliged to provide a guarantee, which is the same as the term known in colloquial language as a guarantee. Legislation requires the provision of a warranty for durable consumer goods (e.g.: technical goods, tools, machines) and their parts, the purchase value of which exceeds HUF 10,000. The warranty is based on a contract, if the obligee (either the manufacturer or the dealer) undertakes a warranty for the product himself, according to the conditions defined by him. In such a case, the warranty conditions must be read in connection with the warranty and the warranty is accompanied by a warranty card.
We would like to draw your attention to the fact that the warranty is not automatic, and our company is only obliged to provide a warranty based on a separate agreement or legal requirement.
Our company does not make any guarantees.
X.Complaint handling and legal enforcement options
The consumer can submit consumer objections related to the product or the activities of our Company at the following contact details:
Phone: +3630 434 6850
Email: info@mokointerior.com
The consumer can verbally or in writing communicate his complaint to our Company, which concerns the conduct, activity or omission of the company, or the person acting in the interest or benefit of the company, which is directly related to the distribution or sale of the goods to consumers. The company is obliged to investigate the verbal complaint immediately and remedy it as necessary.
If the consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the company is obliged to record the complaint and its position on it without delay, and to hand over a copy of it to the consumer on the spot in case of a verbal complaint made in person. In the case of a verbal complaint communicated by telephone or using other electronic communication services, it must be sent to the consumer at the latest within 30 days - in accordance with the regulations for the response to a written complaint - at the same time as the substantive response. In other respects, he is obliged to act as follows regarding the written complaint. If the directly applicable legal act of the European Union does not provide otherwise, the company must respond to the written complaint in writing within thirty days of its receipt and take measures to communicate it. A shorter deadline than this can be established by regulation, and a longer deadline by law. The company is obliged to justify its position rejecting the complaint. The company must assign a unique identification number to the verbal complaint communicated by telephone or using an electronic communication service.
The record of the complaint must contain the following:
consumer’s name and address,
claim submission’s time, place and manner,
detailed description of the consumer’s complaint, a log of the documents and writings and other evidence demonstrated by the consumer
the company's statement on its position regarding the consumer's complaint, if an immediate investigation of the complaint is possible,
the signature of the person taking the minutes and - by telephone or other electronic means of communication with the exception of a verbal complaint communicated using the service - the consumer's signature,
location and time of taking of the minutes,
in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complaint.
The company is obliged to keep the record of the complaint and a copy of the response for five years and to present it to the inspection authorities upon their request.
If the complaint is rejected, the business is obliged to inform the consumer in writing about which authority or conciliation body he can initiate the procedure with his complaint - according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer's place of residence or abode. The information must also cover whether the company uses the conciliation board procedure in order to settle the consumer dispute.
If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
Filing a complaint with the consumer protection authorities. If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are performed by district offices competent according to the consumer's place of residence, a list of them can be found here: http://jarasinfo.gov.hu/
Conciliation Board:
The customer is entitled to assert his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Civil Procedure Code.
We inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board, which is competent according to your place of residence or abode: the condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer's request, instead of the competent body, the conciliation body specified in the consumer's request is responsible for the procedure.
The company has an obligation to cooperate in the conciliation board procedure.
As part of this, businesses are required to send a response to the conciliation board's invitation, and the duty to appear before the conciliation board ("ensuring the participation of a person authorized to establish a settlement at the hearing") is recorded as an obligation.
If the company's seat or location is not registered in the county of the chamber that operates the territorially competent conciliation body, the company's obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer's needs.
In the case of breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in case of unlawful behavior of businesses as a result of the change in legislation, there is no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provisions of the Act on Small and Medium Enterprises have also been amended, so the imposition of fines cannot be avoided in the case of small and medium enterprises either.
In the case of small and medium-sized enterprises, the fine can range from HUF 15,000 to HUF 500,000, while in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million under the scope of the Accounting Act, the fine can range from HUF 15,000 to 5% of the company's annual net sales up to, but may extend to a maximum of HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation body procedure.
The conciliation board is responsible for settling consumer disputes outside of court proceedings.
The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation body provides advice on the rights of the consumer and the obligations of the consumer.
The procedure of the conciliation board starts at the consumer's request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the addressee to store the data addressed to him permanently for a period appropriate to the purpose of the data , and displaying the stored data in unchanged form and content.
The request must contain:
the consumer’s name, residence or place of abode,
the name, seat or location of the business affected by the consumer dispute,
the classification of the board, in case the consumer requested a board different than the conciliation board with jurisdiction and competence,
a brief description of the consumer’s position, the facts supporting it and their evidence,
the consumer’s declaration that the consumer attempted to settle the disputed case directly with the business,
the consumer's statement, considering that no other conciliation body's procedure in the case has been initiated, mediation proceedings were not initiated, filing a claim or payment of an application for the issuance of an order was not submitted,
motion for the board’s decision,
consumer’s signature,
The document or its copy (extract) whose content the consumer cites as evidence must be attached to the application, so in particular the written statement of the company about the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
If the consumer acts through a proxy, the power of attorney must be attached to the application.
Further information on the Conciliation Board can be found here: http://www.bekeltetes.hu
The local Conciliation Boards can be found with further info here: http://www.bekeltetes.hu/index.php?id=testuletek
XI. Other:
Electronic communication:
When you visit mokointerior.com or when you send emails to customer service, you are communicating with us electronically. We communicate with you via e-mail, phone, video call (Skype, Zoom, Microsoft Teams).
For contractual purposes, you agree to receive non-marketing notifications from us electronically, and you agree that all agreements, announcements, statements and other electronic communications from us comply with the related legal requirements for written communications. This condition does not affect any statutory rights you may have.
To what extent can Monochrome Design Kft. be held liable?
We do not assume any responsibility other than what is stipulated in the legal regulations. Unless otherwise provided by law, we shall not be liable for any indirect or consequential loss, including without limitation any data loss or damage attributable to our Company resulting from the use of any of Monochrome Design Kft.'s websites.
Do the product images ont he website accurately reflect the appearance of the given product?
On our website, both illustrative and real images of the products are available. We make every effort to accurately represent the products on our website. However, minor differences may occur. All sizes shown are approximate and actual colors are only as accurate as the photography and publishing processes allow. Please note that colors may vary depending on the color calibration and settings of each display device. We pay special attention to details. However, typos may still occur. In such cases, we will correct the error and display the new, corrected information about the product.
Our company is not responsible for the fact that the ordered product will be identical in color and most important features to the product shown on the website.
Can I use any of the products purchased on the website for commercial purposes?
No, products under the MOKO Interior brand are made for consumers. Products sold by Monochrome Design Kft. or MOKO Interior may not be used for commercial purposes, such as promotional campaigns, marketing or PR purposes. Furthermore, we do not allow you to associate our products with the name or logo of any other company.
What should be done if certain parts of these General Terms and Conditions are considered illegal or invalid?
If any part of these General Terms and Conditions is considered illegal and/or invalid and cannot be enforced accordingly, this will not affect the validity and enforceability of the rest of the General Terms and Conditions.
What laws apply to the contract?
These General Terms and Conditions are exclusively governed by Hungarian laws, excluding international public law rules. Any legal dispute related to a purchase from MOKO Interior falls under the exclusive jurisdiction of the Hungarian court. If you enter into a contract as a consumer, this does not affect your legal rights.
Withdrawal Declaration Sample:
Withdrawal declaration
(fill out and return this printout only if you wish to withdraw from the contract)
– To Monochrome Design Kft. / LLC’s (company registration number: 01 09 890786, Nyúl utca 18. 1026. Budapest) attention:
– I/We (*) inform/inform, that I/We (*) wish/wish to withdraw from the sales contract corresponding to the forthcoming product (*):
– Date of order (*)/date of receipt (*):
– Consumer(s) name:
– Consumer(s) address:
– Consumer(s) signature (it is only necessary if you send the declaration in printed form).
___________________________
(*) The unwanted part shall be deleted.