Business regulations (General contract terms)

• Subject of the Contract
• The Seller
• Steps of Concluding an Electronic Contract
• Purchase Price, Conditions of Payment
• Terms of Delivery
• Return of Articles
• Right of Refraining from Purchase
• Limitation of Liability
• Data Protection
• Intellectual Property
• Specific conditions of coupons entitling to the use products and services

The terms and conditions of the website www.tothbori.com exclusively owned and operated by Feminal Design Kft. (seat: 2310 Szigetszentmiklós, Hétvezér u. 5., court of incorporation: Pest County Court as court of registration, recorded in the registry of Pest County Court as court of registration under number 13-09-126965, tax number: 14672842-2-13 hereinafter "Feminal Design") (hereinafter: the "Website") shall be regulated by the current General Contract Terms (hereinafter: "GCT"). All adult natural or legal persons and business organisations without legal entity or any other organisations registering on the Website, creating an own account/identity shall be deemed Users (hereinafter: the "User"). Please carefully read the current document before using the site.

Subject of the Contract

The subject of the contract shall be all ’TOTHBORI’ brand articles and services (Coupon) available on the private internet shoppers’ club in www.tothbori.com website. The features and specifications of the articles and services (Coupons) are available on the actual page of the article.

The scope of the current GCT shall mean all electronic commercial service provided in Hungary effected through the online surface in the website (private internet shoppers’s club and store) www.tothbori.com. Purchases made in the shoppers’ club of Feminal Design shall be governed by Act CVIII of 2001 on certain aspects of electronic commercial services and services related to the information society ("Ektv.").

The Seller

In the case of each product and service the seller shall be Feminal Design; all complaints and claims may be filed exclusively against Feminal Design.

Steps of Concluding an Electronic Contract

Users registered in the store may buy Products and Service as well as Coupons. In the course of the registrations the users are requested to complete a form and specify an existing e-mail address and a password. Furthermore a few data necessary for performance are required. Following the registration Feminal Design will ensure the access of the Users to the purchasing of articles, printing of Coupons, reviewing earlier purchases and modifying the earlier specified data.

Feminal Design shall not be liable for any delay in delivery or other problems and defects arising from the improper or inaccurate data provided by the Users. Feminal Design shall not be held liable for any damage arising from forgotten passwords or if they become accessible to unauthorized persons for reasons not attributable to Feminal Design.

Data recorded with error (errors of data recording) may be modified after logging in in the Profile item of the menu.

The modification of data relating to orders being processed is possible by e-mail sent to the address uzlet@tothbori.com not later than 24 hours from the lodging of the order if the order has not been confirmed by Feminal Design yet.

Shopping in the Feminal Design store is made by orders sent in electronic form in conformity with the current GCT as follows.

The lodging of the order shall not be deemed a contract; it is an offer on your part with respect to the purchase of the particular product or service (Coupon). Feminal Design shall confirm your order not later than 48 hours from your sending of the order and this is when the contract is entered into between you and Feminal Design. By sending the confirmation the contract shall be deemed a written agreement. The orders are filed. If you do not receive the confirmation within 48 hours from sending the offer your binding offer or any contractual obligation of Feminal Design shall unconditionally and automatically terminate.

The contract between the Parties shall be entered into in Hungarian/English language, the contract entered into shall be deemed a written agreement; it shall be filed by Feminal Design and preserved by them for 5 years from its entry into force.

Purchase Price, Conditions of Payment

The price indicated by the side of the articles are the purchase prices of the articles including the value added tax as well. The price indicated by the side of the services are the counter value of the service provided or the product purchased on the basis of the coupons; they include the value added tax as well. The purchase prices shall not change in the period between your sending the order and the receipt of the article so you pay the price you see on the page.

In case despite the most careful procedure of Feminal Design an erroneous price appears in the online store, with special regard to obviously erroneous price or price significantly differing from the generally accepted market price of a product or a service or if due to a system error HUF 0 or HUF 1 are indicated as prices Feminal Design shall not be obliged to sell the Coupons for the erroneous price. In such cases Fashion Days may offer sale on real price and if the User does not consider it acceptable he/she may refrain from the purchase.

The purchase price is settled in cash to the courier or by bank card in the case of online purchases. The background of the payment is ensured by OTP bank. The method of payment is safe. All bank cards accepted for this purpose by OTP may be used for payment. Please read it careful the Master Card user guide. For details see: www.otpbank.hu

Terms of Delivery

Delivery time is no more than 5 days from the day following the receipt of the confirmation.

The costs of resending arising from a failed delivery at your fault shall be borne by you in all cases.

Return of Articles

If the article ordered is defective or perhaps damaged during delivery Feminal Design shall replace it free of charge. In case you do not wish to take advantage of this possibility we will refund the purchase price of the goods by bank transfer. If you observe damage to the product received please notify our Customer Service. This point shall not relate to the auction coupons.

Right of Refraining from Purchase

You may refrain from purchase without explanation within 8 (eight) days from the receipt of the products ordered. You can do it by notifying us about your intention of refraining from purchase in an e-mail addressed to uzlet@tothbori.com or in the form of a letter addressed to our seat or by fax (declaration of refraining from purchase). In the case of Coupons the precondition of refraining from purchase is that the coupon is not used. In case of refraining from purchase Feminal Design shall refund the purchase price and the delivery charge paid by bank transfer not later than thirty days from the date of refraining from purchasing.

Please return the invoice received upon the purchase of the product along with the goods to Feminal Design. You shall bear the cost of returning the goods but you shall bear no more expenses. However, you shall compensate for the loss arising from the improper use of the goods.

Limitation of Liability

Feminal Design shall not be liable for damage in the following cases:

• In case of operation error hindering you from joining the Feminal Design website and place orders there.

• In case of any and all defects arising from the hardware or software failures of your computer or the losses due to breaks in the internet connection.
  For the sake of the safety of internet you are requested to protect yourself against the online spreading viruses and so called worms.

Data Protection

Feminal Design shall handle the data obtained in confidence and they shall be exclusively used for the performance of orders and purposes related to the purchase. Your data shall not be disclosed to third persons save for our subcontractor in the course of performing the contract (delivery). Your data are handled in accordance with the provisions of Act LXIII of 1992 (Data Protection Act).

Feminal Design shall reserve the right to send you e-mail messages for administrative or promotional reasons. Furthermore, Feminal Design reserves the right to send you e-mails with respect to your account and purchases as well as information about the changes of the Website, the Services and the Coupons. By clicking on the link at the bottom of the messages you can notify us any time that you no more wish to receive such e-mails.

Intellectual Property

Anything in the Website including the micro pages shall constitute the exclusive property of Feminal Design or are used with the express consent of the owner of the copyright and/or trade mark. The copying, distribution, forwarding, placing, linking or changing the page or the micro pages in any form are strictly forbidden save for the approval of Feminal Design. Breach of the Contract shall be deemed the breach of copyright or trade mark or any other intellectual property, which may be prosecuted. The brand name ’TOTHBORI’ and the log are the property of Feminal Design. Feminal Design shall reserve all relating rights.

Specific conditions of coupons entitling to the use products and services

Coupons are on sale on the shopper’s pages of Feminal Design entitling the purchase to purchase products or buy services at a discount (hereinafter: the Coupons).

The warranty and guaranty liability of the issuer of the coupons are governed by the provisioins of the Civil Coder and the decree number 49/2003. (VII.30.) GKM. The request of refunding the price of the coupons and other warranty claims must be directly filed at the seller of the product or the service. The information included in the particular coupons contains the sales conditions of the product or the service.

Following the expiry of the coupon the coupon cannot be used and the amount paid for the coupon shall not be refunded.

Feminal Design undertakes to refund the counter value of the Coupon to the user within its expiry date within 30 days from the receipt of the notification (if the user has not cashed the Coupon):

a) the Seller goes out of business without legal successor during the validity of the Coupon,

b) the business licence of the Seller is terminated with a final and binding resolution of the authority,

c) the Seller confirms in writing that the user or the holder of the Coupon cannot use the service due to their state of health.

Feminal Design cannot cash expired Coupons. The copying, sale and resale of the Coupons or their commerce in any form are strictly forbidden. All relevant attempts may give rise to the cancellation of the Coupon.