These conditions are governed by the laws of Hungary.
The contract made on the basis of this document will not be recorded (it will not be accessible afterwards). It will be concluded only in electronic form, it is not a written contract, it is written in English and it does not refer to a code of conduct. If you have questions about the operation of the webshop and your order process, please contact us via the contact details provided.
The effect of this General Terms and Conditions (hereinafter GTC) extends to the contractual relationships of the provider’s (http://bamboosaxes.com) and subdomains.
This „general terms and conditions” is available on the following webpage: http://bamboosaxes.com/general-terms-and-conditions/ and can be downloaded and printed via the following link: http://bamboosaxes.com/doc/Bamboo_Saxes_General_Terms_and_Conditions.pdf
Data of the Provider
The Bamboo Saxophones webshop is run by Janos Homoki, sole proprietor.
Name of the webshop: Bamboo Saxes
URL of the webshop: www.bamboosaxes.com
Name of the service provider: Janos Homoki, sole proprietor
Headquarter and premise of the service provider (and also the place of complaint handling): Petofi Sandor utca 3. 2/61., 6000 Kecskemet, Hungary
Contact details of the service provider, regularly used e-mail address for contacting customers: firstname.lastname@example.org
Tax number: 66552927-1-23 (VAT exempt status)
Registration number: 35918540
Authority registering the service provider as a sole proprietor: Kecskemeti Jarasi Hivatal, Okmanyirodai Osztaly, Hungary
Registration is required but authorisation is not required for musical instrument manufacturing activity in Hungary. Name of the authority registering the activity: Kecskemet Megyei Jogu Varos Polgarmesteri Hivatala Hatosagi Iroda, Hungary
Chamber membership: Bacs-Kiskun Megyei Kereskedelmi es Iparkamara, Hungary
Web Hosting Provider Details
Address: 415 West Golf Road, Suite 5, Arlington Heights, IL 60005, USA
Phone: +1 847 346 1801
- Issues not regulated in the current Articles and the interpretation of these Articles are governed by Hungarian law, with particular regard to the provisions of Act V of 2013 of the Hungarian Civil Code (“Civil Code”) on certain aspects of electronic commerce services and information society services from the 2001 Act CVIII (E-commerce law) and the detailed regulations on consumer-business contracts of Government Decree 45/2014. (II. 26.). The mandatory provisions of the relevant legislation shall apply to the Parties, without any special clause.
- These Articles are effective law since 15 January 2021 and remain in force until revocation. The Service Provider has the right to unilaterally amend the Articles (circumstances that may lead to change: change in shipping cost, change in legislation, business interest, changes in company). The modifications need to be issued 11 (eleven) days before the effective date by the Service Provider on their website – during which time the User is entitled to rescind or terminate the contract. By using this website, the User agrees that all regulations governing the use of this website are automatically applicable to them.
- If the User accesses the webshop website operated by the Service Provider or reads its content in any way – even if he / she is not a registered user of the webshop, he / she acknowledges that the provisions of the Regulations are binding on him / her. If the User does not accept the terms, he is not entitled to view the content of the webshop.
- The Service Provider reserves all rights in connection with the content and dissemination of the website and webpages. It is absolutely forbidden to download, store (electronically), process, or sell any content published in the website or any aspect of the content without the written consent of the Service Provider.
Available Products and Services
- Displayed products can only be ordered online. The prices displayed for the products are in Hungarian forints (HUF) on the Hungarian version of the website, in American dollars (USD) on the English version of the website, and include the statutory VAT. However, they do not include home delivery charges. No separate packaging costs will be charged.
- In the webshop, each listed product is unique and comes with a code. With this code, the User can refer to the given product when purchasing or inquiring about the product.
- Only one piece available of each product in the webshop.
- In the webshop, the Service Provider details the product code, the most important dimensions (length of the instrument and the size of the holes), a real photo of the product and a real sound sample of the product. The sound sample contains the sound of the given instrument both with and without echo, so the User always knows exactly what he /she is buying.
- If there is a product on sale, the Service Provider should inform the User about the sale and its exact duration.
- If the wrong price is displayed on the website – despite the due diligence of the Service Provider – and the price is obviously incorrect, the Service Provider is not required to confirm the product at the wrong price, especially if there is a significant difference. For example, if the price is set at USD 0 or USD 0.01 because of a system error, then the Service Provider shall not be obliged to deliver the product at the incorrect price, but may offer the delivery at the correct price, in the knowledge of which the Customer may refuse to make the purchase. In accordance with the case law of the Hungarian judiciary, a significant difference is generally considered to be a deviation of at least 50% in a positive or negative direction from the market value of the given product or service. However, consumers are informed that the concept of striking value imbalance (Section 6:98 of the Civil Code) is not precisely defined by law.
- In the case of a defective price as described in Section 4.4, there will be a noticeable mismatch between the true and the indicated price of the product that the average consumer will immediately notice. Pursuant to Act V of the Civil Code of 2013 (Civil Code), the contract shall be created by the mutual and unanimous expression of the will of the parties. If the parties are unable to agree on the terms of the contract, i.e. there is no mutually agreed statement on the will of the parties, it is not possible to speak of a valid contract that would give rise to rights and obligations. On this basis, an order that has been confirmed at the wrong/erroneous price is considered to be null and void.
- The User is obliged to provide his/her real data at the time of purchase/registration. In the event of false or personally identifiable information provided during purchase/registration, the resulting electronic contract will be considered void. The Service Provider disclaims any liability if the User makes use of its services on behalf of another person with the data of another person.
- The Service Provider shall not be liable for delivery delays or other problems or errors due to incorrect and/or inaccurate data provided by the User.
- Purchases are made without registration, by e-mail.
- The order must include the unique code of the ordered product, delivery and billing information (name, address, and in the case of companies, also the tax number), as well as the chosen payment method. When we confirm the order, we will indicate the estimated delivery time. The delivery time stated in the confirmation is not binding, it is information about the expected time of delivery. No claim can be enforced against the sole proprietor János Homoki in connection with delivery delays.
Process of Ordering
- The User decides which product (or which products) he / she wants to buy from the available products in the store. When selecting an instrument, it is recommended to consider the dimensions of the instrument (length of instrument and size of holes). You can tell if a product is available from the “For Sale” column. If you see “Buy it now!” instead of “Sold”, it is still available for purchase.
- Then the User clicks on “Buy it Now!”, and this will start the installed mailing software. The address of the recipient in the email will already be filled in with email@example.com and the subject of the letter will automatically include the code of the selected instrument. In case of purchasing multiple instruments, the User must add the codes of the other instruments he / she wants to buy to the subject of the e-mail. If the User doesn’t have an email client installed, he / she may write a letter to firstname.lastname@example.org in any other way, describing the code of the selected instrument .
- The User then expresses his intention to purchase in the text of the email, describes his delivery and billing details (name, address, and in the case of companies, the tax number is also required), as well as the selected payment method, and then sends the email.
- After this, the Service Provider will indicate in the reply email (hereinafter: confirmation e-mail) whether the given instrument is still available and will send the payment information, which includes the price of the product and the delivery fee. The User acknowledges that although it is very rare, it can happen that multiple orders are placed for the same instrument at the same time. In this case the Service Provider can only fulfil the first received order and cancel all the other orders. He always informs all the parties concerned about this.
- Once the Service Provider has received confirmation that the price of the product has been paid, he will send the electronic invoice, which also includes the electronic warranty card, and mail the product.
- Correction of data input failure: until the payment of the purchase price, the User has the opportunity to change his / her delivery and billing data if he / she has made an error in them. He / she can do this by email, also at email@example.com.
- The contract is concluded with full payment of the purchase price.
- Transfer: The User is obliged to transfer the value of the ordered products to the bank account in the confirmation e-mail of the order within three working days. If the financial settlement does not take place within the given deadline, we will consider it as a withdrawal from the purchase and will cancel your order from our system. After crediting the amount to the service provider’s bank account, the User is entitled to receive the product(s) in the manner specified by him.
- Bank payment: The User is obliged to pay the value of the ordered products to the bank account in the confirmation e-mail of the order within three working days at any branch of Erste Bank Hungary Zrt. If the financial settlement does not take place within the given deadline, we will consider it as a withdrawal from the purchase and will cancel your order from our system. After crediting the amount to the service provider’s bank account, the User is entitled to receive the product(s) in the manner specified by him.
- PayPal: The User is obliged to pay for the ordered products within three days via the PayPal link in the confirmation e-mail of the order. If the financial settlement does not take place within the given deadline, we will consider it as a withdrawal from the purchase and will cancel your order from our system. After crediting the amount to the Service Provider’s PayPal account, the User is entitled to receive the product(s) in the manner specified by him.
- Cash payment: In case of choosing in-person payment, the User pays the purchase price of the product in cash at the Service Provider’s premises after prior appointment. Cash payment can only be made in Hungarian forints. After payment, the User can pick up the product in person.
- It is possible to pick up in person at the Service Provider’s premises at a pre-agreed time.
- If the User does not pick up the product in person, the Service Provider will send the package to the address provided when ordering using the services of Magyar Posta Zrt.:
- Hungary: Domestic parcel, below 500 g, delivery to the door, more business days, the fee is 6 USD. The average delivery time is 3 – 4 working days.
- Europe: International priority, registered mail, below 500 g, the fee is 11 USD. The average delivery time is 4 – 6 working days.
- Worldwide: International priority, registered mail, below 500 g, the fee is 12 USD. The delivery time is 10 – 20 working days on average.
- If there is an issue or defect regarding the products or prices in the webshop, we reserve the rights to make a correction. In such cases, the User shall be notified the new information as soon as we become aware of the issue. Afterwards, the User can confirm the order again, or either party has a chance to rescind the agreement.
- The total amount payable includes all costs based on the order summary and the confirmation email. The User is obliged to inspect the package upon delivery by the courier, and in the event of any damage to the products or the packaging, the User shall request the issue to be recorded, and in the event of damage the User is not obliged to accept the package. The Service Provider will not accept subsequent complaints without a proper report.
Binding of Offers
- It is also possible to try the product in person at the Service Provider’s premises at a pre-agreed time, in which case the contract is concluded orally by mutual agreement after the payment of the purchase price.
- In the case of an online order, the contract is concluded only by electronic mail (e-mail).
- It is possible to inquire about the products by email before purchasing, in which case the User has no obligation to make an offer until they have agreed with the Service Provider on the purchase of the product and the User has expressed his intention to purchase.
- The User will receive an email confirmation after sending the order. If this confirmation is not received by the User within a reasonable time, depending on the nature of the service, but not later than 48 hours after the User’s order has been sent, the User will not be bound by the offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider and the User when it becomes available to them. The Service Provider disclaims liability for confirmation if the confirmation is not received on time due to insufficient storage space in the User’s email account account.
By making the order, the User acknowledges that – in case of confirmation by the Service Provider in accordance with this GTC – he / she is obliged to complete the payment.
Possible Languages and Currencies
- The possible languages of the contract are Hungarian and English.
- This version of the General Terms and Conditions is written in English. The Hungarian version of the document is available here.
- The webshop (website) is available in English and Hungarian language.
- Prices on the English website are displayed in US dollars (USD) and on the Hungarian website in Hungarian forints (HUF).
- The User can pay also in US dollars (USD) and Hungarian forints (HUF).
- When processing orders, if the email sent by the User expressing the intention to purchase is in English, the Service Provider will by default take into account the prices of the English language page, prepare the confirmation email and invoice in English and use US dollars as currency, unless the user requests these otherwise when placing the order.
Similarly, if the email sent by the User expressing the intention to purchase is in Hungarian, the Service Provider will by default take into account the prices of the Hungarian language page, prepare the confirmation email and invoice in Hungarian and use Hungarian forints as currency, unless the user requests these otherwise when placing the order.
- User is free to pay in both currencies of his / her choice and there is no access restriction, different conditions or discrimination based on the user’s nationality, place of residence or place of establishment.
Order Processing and Fulfilment
- Orders are processed during opening hours. In addition to the times specified for processing the order, it is possible to place the order after the end of the working day and it will then be processed the next day. The Service Provider will always confirm by electronic means when the order can be fulfilled.
- The processing time is between 1-3 working days from the confirmation. We will not be liable for any change or delay for reasons beyond our control.
- According to the contract of sale, the Service Provider shall transfer the ownership of the product and the User shall pay the purchase price and receive the product.
- If the seller is an enterprise and the buyer is a consumer and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or designated third party takes possession of it. The risk of loss shall pass to the buyer upon purchase if the courier has been instructed by the buyer, unless the courier is recommended by the seller.
- If the seller is an enterprise, and the buyer is a consumer, for lack of a distinct agreement of the signatories, the seller (based on this GTC: Service Provider) is obligated to make available the product for the buyer (User), after the conclusion of the contract, but in no more than 30 days.
- If the product is not provided in time by the Service Provider, the User has the right to set a deadline for a replacement. If the seller fails to perform within the grace period, the buyer is entitled to cancel the contract.
- The User is entitled to withdraw from the contract without specifying an additional term, if
- the Service Provider has refused to perform the contract; or
- the contract should have been performed in accordance with the agreement of the parties or due to the recognizable purpose of the service, within a specified period of time and not otherwise.
- If the Service Provider cannot accomplish the contractual obligation because the product/or any of its components was not available, the Service Provider is obliged to inform the User right away and to refund the sum paid by the User at once, but in no more than 30 days.
- The Service Provider shall not be liable for any changes in the technical specifications without prior notice to the Supplier or for reasons beyond its control. Service Provider reserves the right to reject orders that have already been confirmed in part or in full. Partial performance can only take place after consultation with the User!
- After the performance, the Service Provider issues an electronic invoice to the User. The invoice is suitable for tax administration identification only in electronic form, as the pdf file contains, in addition to the viewable invoice image, other information that can only be handled electronically (electronic signature, time stamp). The invoice image alone does not qualify as an authentic document!
- The electronic invoice sent by the Service Provider complies with 270/2020. (VI. 12.) Government Decree regarding the warranty, so the invoice can be accepted as an electronic warranty card. The invoice and thus the electronic warranty card can also be downloaded at the original download address provided in the e-mail the User received at the time of purchase until the end of the warranty period.
- Acceptance of this GTC constitutes the consent of the electronic invoice recipient. The electronic Invoice issued in this way complies with the provisions of Act CXXVII of 2007 on Value Added Tax, the conditions prescribed in Act No. 23/2014 (VI.30.) NGM and other legislation on electronic invoicing. In the event of a change in the e-mail address provided for invoicing, the User is obliged to notify the Service Provider immediately of any change in the data. If the User does not comply with this obligation to provide information to the Service Provider, he may not make a legitimate complaint regarding the deadlines arising therefrom.
- According to the directive 2011/83/ EU of the European Parliament and Commission, regarding rules of contracts between customers and enterprises (Gov. Degree 45/2014) (II.26), the Consumer can rescind in 14 days from the date of delivery and return the ordered product(s) with no explanation. In the absence of this information, the Consumer is entitled to exercise their right of withdrawal within one year.
- The period for exercising the right of withdrawal shall expire 14 days after the date on which the Consumer or a third party other than the courier designated by the Consumer receives the product.
- The Consumer may exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
- The cost of returning the product must be borne by the Consumer, and the Business has not undertaken to bear this cost.
- In the event that the right of withdrawal is exercised, the Consumer will not be charged, other than for the cost of returning the product, however, the Service Provider may demand compensation for material damage resulting from improper use.
- The Consumer shall have no right of withdrawal in the case of a non-prefabricated product which has been manufactured at the Consumer’s request or at the express request of the Consumer, or which is clearly personalised for the Consumer.
- The Consumer may also not exercise their right of withdrawal in respect of a sealed product which cannot be returned after opening after delivery for health or hygiene reasons.
- The Service Provider shall refund the paid amount, including the shipping fee, to the Consumer immediately upon receipt of the product/or receipt of the notice of cancellation within the meaning of the above laws, but no later than within 14 days of becoming aware of the cancellation.
- The refund will be based on the same payment method used in the original transaction, unless the Consumer explicitly consents to another payment method; the Consumer will not be charged any additional costs as a result of the application of this refund method.
- The Consumer shall return the goods without undue delay, but in any event within 14 days of sending notice of cancellation to the Service Provider or return them to the Service Provider’s address.
- With regards to the Consumer’s written cancellation, it is sufficient to send the statement of cancellation within 14 days.
- The Consumer meets the deadline for returns if the Consumer returns or sends back the products within 14 days. Returns are deemed to have been completed on time if the Consumer has dispatched the product before the time limit expires.
- The Consumer shall only bear the direct cost of returning the product, unless the Business has undertaken to bear this cost.
- The Service Provider does not have to repay the extra cost to the Consumer if the Consumer chooses a different delivery method that is not the cheapest delivery method.
- The Consumer shall only be liable for the depreciation resulting from use beyond the usage required to establish the nature, properties and operation of the product.
- Refunds may be withheld by the Service Provider until it has received the goods(s) or has not provided the Consumer with proof that they have returned them: the previous date must be taken into account.
- If the Consumer wishes to withdraw from the contract they shall provide notification by any of the methods given by the Service Provider in writing (using the withdrawal form, which can be downloaded here) by post or email. For a written communication sent by post, the time of posting, in the case of a written communication sent by email, the time of sending the email is taken into account. In the case of post notice registered postage or package are accepted by the Service Provider. The Consumer can return the ordered product to the Service Provider either by post or via a courier service.
- The Consumer must pay special attention to the intended use of the product, as the Consumer is responsible for compensating for damages resulting from improper use! The Service Provider shall refund the paid amount, including the shipping fee, to the bank account number provided by the Consumer immediately upon receipt of the product, but no later than within 14 days.
- More information about the regulations detailing the contracts between the Consumer and the business in Gov. Degree 45/2014 (II. 26.) can be found here.
- More information about the 2011/83/EU directive of European Parliament and Commission can be found here.
- The Consumer can look up the Service Provider with claims using the contacts in this document.
- The right of cancellation is only entitled to Users classified as consumers by the Civil Code.
- The right of cancellation does not apply to an enterprise, that is to say, a person engaged in the profession, self-employment or business.
- The procedure for enforcing the right of cancellation:
- If the Consumer wishes to enforce the right of cancellation, then they need to send the declaration about the intention of their cancellation to one of the contact details of the Service Provider.
- The Consumer shall exercise their right of cancellation within the time limit if they send the declaration of cancellation within 14 days after receiving the product. In the case of a written cancellation, it is sufficient to send the cancellation statement within 14 days. In case of notification by post, the date of posting, in case of notification by email, the time of sending the email will be taken into account.
- In the event of cancellation, the Consumer is obliged to return the ordered product to the address of the Service Provider without delay, but within 14 days from the notification of the statement of cancellation. The deadline is deemed to be met if the product is sent before the 14-day deadline (meaning it does not have to arrive within 14 days). The Consumer shall bear the costs of returning the goods due to the exercise of the right of cancellation.
- The Service Provider is not obliged to pay back the additional costs for the Consumer if the Consumer chooses a different transport mode that is not the usual and cheapest mode chosen by the Service Provider. The Consumer can also enforce their right of cancellation between the day of the contract and the day of the receipt of the product.
- In case of buying multiple products and the delivery of the products is not on the same day or the ordered products are delivered in multiple parts, the right of cancellation can be enforced in 14 days, counted from the last product or part.
- If the Consumer wishes to enforce the right of cancellation, then they need to send the declaration about the intention of their cancellation to one of the contact details of the Service Provider.
This is the first part of the General Terms and Conditions. The document consists of two pages and continues here: