Terms of service

GENERAL CONTRACTUAL CONDITIONS

Flow Outfitters website

  1. §

The present General Terms of Use (hereinafter referred to as the " General Terms of Use", "GTC " or " Document") are published by FLOWAOLIGE Limited Liability Company, registered under company number Cg. 01-09-359058 (1101 Budapest, Kőbányai út 43, building A, fszt. 24; registered court: Court of Registration of the Metropolitan Court of Budapest; Tax number: 27959536-2-42; e-mail: info@flowoutfitters.hu;). http://www.flowoutfitters.hu (hereinafter referred to as the " Service") available on this website (hereinafter referred to as the " Customer " or " User " or " Buyer"). Service Provider and Customer are hereinafter collectively referred to as the " Parties".

FLOWAOLIGE Ltd., as the operator of the Flow Outfitters online commerce portal, reserves the right to unilaterally modify these General Terms and Conditions of Use. Flow Outfitters may inform its Users of such modification by means of a short notice, which may be included in the Flow Outfitters interface for this purpose, in the newsletter it sends or in the e-mail notification sent to all Users at the e-mail address provided in their My Account. In such cases, an amended version of the General Terms and Conditions will be displayed on the Site, and the content of the General Terms and Conditions should be checked from time to time on the Flow Outfitters website. The User/Customer has the right to object to the General Terms and Conditions of Use as soon as they are displayed on the Flow Outfitters website.

These Terms and Conditions apply to all e-commerce services provided in Hungary through the electronic store (hereinafter referred to as the "Online Store") on the Flow Outfitters website (hereinafter referred to as the "Flow Outfitters Website"). Furthermore, these GTC shall apply to all commercial transactions in the territory of Hungary between the Parties as defined in this Agreement. Purchases made through the Flow Outfitters Online Store are governed by Act CVIII of 2001 on certain issues of electronic commerce services and information society services ("Act on Electronic Commerce Services").

  1. § SITE

The Flow Outfitters website represents the company registered under FLOWAOLIGE Korlátolt Felelősségű Társaság(1101 Budapest, Kőbányai út 43. building A. fszt. 24. ).

Seller: a business listed as a distributor on the Flow Outfitters website that offers products and/or services for sale on the Flow Outfitters website;

User: a natural person or legal entity over the age of 16 who accesses the content of the Flow Outfitters website;

Customer: the User who registers on the Flow Outfitters website, has a user account (hereinafter referred to as "My Account") - thereby accepting its Terms and Conditions. In the case of natural persons, registration is subject to the age of 16 years.

Customer: the Customer who has placed an order on the Flow Outfitters website through the My Account. In the case of a natural person, the age of 16 years is required.

My Account: a Customer can create a My Account by registering on the Flow Outfitters website and entering their name, email address and password. If the Customer places an order on the Flow Outfitters website without using a My Account, the information provided during the ordering process will be used to create a My Account. The My Account will contain the data and information provided by the Customer during registration and when placing the order(s), as well as the order number and relevant documents (guarantee letter, invoice, etc.) related to the order. The concluded contract will not be filed, but it can be retrieved by our Company upon request based on the date of the GTC accepted by the Customer when placing the order. The User must provide true data during registration and the Customer must provide true data when placing the order. The User is responsible for ensuring that the data provided by him/her are true and
meet the requirements of completeness and timeliness. If the Flow Outfitters website becomes aware that the data provided by the User/Customer (also) contains elements that are not real, it is entitled to restrict the Customer's access to his/her own account or to exclude the Customer from using the Flow Outfitters website; The company operating the Flow Outfitters website is also entitled to restrict the Customer's access to his/her own account or to exclude the Customer from using the Flow Outfitters website in the event that the Customer misuses the web platform or its services. For example, misuse of the platform may occur if the Customer places an order for several products but, through no fault of his/her own, deliberately fails to take delivery of the products during delivery or after they have arrived at the place of delivery.

Basket: the part of the Customer's/User's Personal Account where the Customer/User can place the products and services that he/she wishes to purchase at the time of placement or at a later time. If the products and services placed in the Shopping Cart are not ordered by the Customer/User at the time of placing the products and services in the Shopping Cart, they may be monitored by the Customer/User through the Trade Notifications received from the Seller.

Flow Outfitters Website: the online retail store located on the Flow Outfitters Website and its sub-sites;

Products and Services: all products and/or services offered for sale on the Flow Outfitters Website for which the Customer may place an order on the Flow Outfitters Website. Access codes for digital data are provided to the User on tangible media, which are physically protected in a locked system.

Contract: a contract is concluded between the Seller and the Customer for the sale/purchase of products and services displayed on the Flow Outfitters website, as set out in these GTC, without the simultaneous physical presence of the Seller and the Customer. The language of the contract is Hungarian. The contract does not constitute a written contract.

Content: - all data and/or information (including images, illustrations, logos, graphic elements, videos, files, texts, designs) visible and accessible on the Flow Outfitters website; - all data and/or information contained in e-mails and/or other messages sent by the Seller to the Buyer via electronic means of communication; - data, information and prices relating to third parties in partnership with the Seller and the services provided by them (in particular, but not exclusively, courier services);

Newsletter: a commercial message or communication sent periodically by electronic means (e-mail, SMS) by the Flow Outfitters website to Users subscribed to the newsletter service, informing and providing information about changes/news concerning Flow Outfitters, the Products displayed there and/or promotions and discounts organised/undertaken by the Seller during the period;

Order: the Customer has the right to modify or cancel the Contract through his/her Account until the Order is fulfilled

Price Limit: the amount of the purchase price of the Products to be ordered from the Sellers in an Order, less the value of any discount coupons and/or vouchers used/claimed by the Customer, i.e. the total amount payable by the Customer to the relevant Seller after placing the Order.

Review: the Customer's opinion of a Product or Service as displayed on the product page;

Rating: a form of evaluation expressing satisfaction with a Product or Service, which may be displayed on the Product page in the form of stars;

Comment: an opinion or comment displayed on the Product Page, linked to a Rating or to another comment.

Commercial Notification: any notification sent by electronic communication means (e.g. email, SMS, mobile notification, web notification, etc.) containing general and thematic information about products similar to or complementary to those previously purchased; other offers and promotions; or the results of market and opinion research. It provides information about Products and Services that the Customer places in the "My Account/Basket" or "My Account/Favorites" section.

  1. § REGISTRATION

Registration can be carried out by filling in the form under the corresponding menu item or by embedding it in the payment process, by providing a real e-mail address, name and a password of your choice. Once the details have been provided, the Registration will be created and a confirmation message will be sent to the e-mail address provided. If the Customer proceeds from the Shopping Cart page with the intention to purchase and pay, in that case the Registration can be completed in a simplified way, by entering only a real e-mail address. In this case, a confirmation message will be sent to the Customer at the e-mail address provided, including a link to set a password. By registering on the Flow Outfitters website, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Statement published on the Flow Outfitters website and consents to the processing of data as set out in the Privacy Statement.

Please note:

The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from the Customer's incorrect and/or inaccurate data. The Service Provider shall not be liable for any damages resulting from the Customer forgetting his password or from the password becoming accessible to unauthorized persons for any reason not attributable to the Service Provider. The Service Provider shall treat each registration as a single individual. It is possible to change previously recorded data after logging in, by clicking on the Personal settings link and going to the Change personal data menu, which may also affect the data of active orders. The Service Provider shall not be liable for any damage or errors resulting from the modification of the registered data by the Customer. The Customer shall notify the Service Provider of any changes to the data related to the registration or shall make the data modifications in person.

Cancellation of registration

The Customer shall be entitled to cancel his registration at any time by sending an e-mail to the Customer Service e-mail Customer may cancel his/her registration by sending a message to the Customer Service Department. Upon receipt of the message, the Service Provider shall immediately ensure that the registration is deleted. The Customer's user data will be removed from the system immediately after the cancellation; however, this does not affect the storage of data and documents related to orders already placed and does not result in the deletion of such data.

  1. § SUBMIT

4.1 The essential properties and characteristics of the goods offered for sale, as well as instructions for the use of the goods, can be obtained from the information page of the specific item. The Supplier shall be deemed to have fulfilled its contractual obligations if the goods have more favourable or preferable characteristics than the information provided on the Flow Outfitters website or in the instructions for use. If you have any questions about the goods before purchase, our customer service is at your disposal.

Where required by law, the instructions for use of the products we sell are included with the goods. If, by chance, you do not receive the mandatory instructions with the goods, please contact our customer service immediately before using the goods and we will replace them. If you require more information about the quality, essential characteristics, use or usability of any goods on the Flow Outfitters website than is provided on the Flow Outfitters website, please contact our customer service team, whose details and contact details are provided on the Flow Outfitters website.

4.2. The Customer can add the selected products to the Shopping Cart by clicking on the "Add to Cart" button on the product details page after clicking on each product. The contents of the Shopping Cart can be viewed and modified by clicking on the Shopping Cart icon, where the desired quantity of each product can be specified and the contents of the Shopping Cart can be deleted. Once the Customer has finalised the contents of the Shopping Cart, he/she must log in to the Flow Outfitters website or register to place the order. You will then be able to choose the delivery method and enter your billing and delivery details. You will need to indicate how you wish to settle the total amount of your order. Once you have chosen your payment method, you can check your order details on a summary page before placing your order, change your billing and delivery address, select your payment and delivery method and add a comment to your order.

4.3 After placing the Order, the automatic system message sent to the Customer by e-mail about the recording of the Order is for information purposes only and does not constitute confirmation of the Order by the Seller (first system message).
The Contract between the Seller and the Customer is concluded - the offer made by the Customer is accepted by the Seller - when the Customer receives confirmation of acceptance or rejection of the Order from the Seller by e-mail (second confirmation message). The acceptance notification includes notification of the delivery of the Products ordered by the Customer to the courier service and the expected time of delivery.

If this confirmation is not received by the Customer within a reasonable period of time from the date of sending the Customer's order, depending on the nature of the service, but not later than 48 hours, the Customer shall be released from any obligation to make an offer or to enter into a contract.
The order and its acknowledgement shall be deemed to have been received by the Seller or the Customer at the time when it becomes available to the latter.

4.4 In the case of online payments (online payment by credit card or bank transfer), the Seller shall not be liable for any additional costs incurred by the Buyer that depend on the payment method chosen by the Buyer or the Buyer's card issuing bank (in particular, but not exclusively, exchange rate, other costs). The Buyer shall be liable for the consequences resulting from the choice of the payment method. The order is placed, the offer is sent by sending the shopping cart, which creates a payment obligation for the Customer.

  1. § PURCHASE PRICE, DELIVERY AND BILLING CONDITIONS

5.1 The purchase price is always the amount indicated next to the selected product, which, if not otherwise indicated, already includes VAT. The purchase price of the products does not include the cost of delivery.

The Service Provider reserves the right to change the prices of the products that can be ordered from the Flow Outfitters website, with the modification taking effect at the same time as the publication on the Flow Outfitters website. The modification does not adversely affect the purchase price of the products already ordered. We will not be able to refund you for any price reduction that occurs between the time the electronic payment notification is sent and the time you receive the product when you initiate payment by online credit card. The security check of the online payment transaction takes a minimum of 24 hours, after which the product can only be accepted.

The purchase price of the products displayed on the Website is indicated gross of VAT and other public charges. The purchase price shown next to the products does not include the cost of delivery. However, no extra packaging costs will be charged. The price of the products is indicated in Hungarian forints (HUF).

5.2. 5.5.2 The delivery charge shall be paid by the Customer during the ordering process. The delivery charge shall be determined taking into account the products in the basket. The Service Provider shall be entitled to apply different delivery charges for different product categories (including but not limited to: large parcels, small parcels). During certain discount periods, the Service Provider will deliver the goods ordered and requested to be delivered free of charge to the Customer's home using its own means of transport or a carrier company, if the gross value of the relevant order is equal to the amount of the free delivery as published on the Website or in the relevant Promotion or the Order otherwise complies with the terms of the Promotion. The Supplier is entitled to determine the terms and conditions unilaterally. If the Customer also orders a product that is not covered by the free shipping, the Service Provider shall be entitled to charge a shipping fee in connection with that Order. For Orders subject to a delivery charge, the freight charge (delivery charge) shall be borne by the Customer, in such a way that the freight charge is indicated on the Order Summary screen, on the invoice and in the confirmation email. The Service Provider reserves the right to change the delivery charge, with the modification taking effect at the same time as it is published on the Website. The modification does not affect the purchase price of the products already ordered.

The Customer acknowledges that, unless otherwise agreed by the parties, the Supplier shall make the goods available to the Customer without delay after the conclusion of the contract, but no later than thirty days after the conclusion of the contract. In the event of a delay on the part of the Supplier, the Customer shall be entitled to set a grace period. If the Supplier does not perform within the grace period, the Customer is entitled to withdraw from the contract. If the contract should have been performed at the time agreed by the Parties or at the time agreed for the performance of the service, and not at any other time, the Customer shall be entitled to withdraw from the contract without notice. The Customer therefore expressly acknowledges that if the Parties have agreed on an expected deadline and the Service Provider fails to perform, the Customer shall be entitled to withdraw from the Contract.

5.3 The Service Provider shall issue an electronic invoice to the Customer, after sending the order, to the email address provided by the Customer, as proof of payment. Acceptance of these GTC constitutes the electronic invoice recipient's consent. Upon acceptance of these GTC, the Customer agrees to the issuance of an electronic invoice by the Service Provider. On the Customer's Personal Page, the electronic invoice shall be available at least for the period specified in the specific laws (VAT Act, Accounting Act).

The Invoice is an electronically issued accounting document, which is fully compliant with the accounting and VAT legislation and is fully identifiable for tax administration purposes. Invoices issued electronically must be stored electronically in accordance with the legislation in force. The original electronic Invoice, as an electronically issued accounting document, is a valid proof of the existence of rights and obligations relating to the payment of tax.

On this basis, the Customer who places his order electronically and wishes to receive the product by delivery (collection point, home delivery) will in all cases receive an electronic invoice for his order in accordance with the above. The electronic Invoice issued in this way complies with the conditions provided for in Act CXXVII of 2007 on Value Added Tax, Decree 23/2014 (30.VI.) of the Ministry of Finance and other legislation on electronic invoices.

5.4. Special invoicing rules for companies, other organisations and self-employed persons

  1. a) The provisions of this Section shall apply to all invoicing that does not concern consumers within the meaning of the Civil Code.
  2. b) The Service Provider shall issue to the Customer an invoice with the content in accordance with the legislation in force for the product or products (including services) ordered (purchased), without human intervention (automatically), for orders placed on the website or websites. The Customer, by accepting these Terms and Conditions, irrevocably acknowledges and accepts that the Customer is obliged to provide all the relevant data and information necessary to issue the invoice in accordance with the legislation in force.

The invoice issued by the Service Provider shall indicate the purchase price of the product or products (including the Services), the method of payment and the payment deadline for each recorded Order. The Service Provider shall issue an invoice for the Products (including the Services) ordered and delivered, in accordance with the legislation in force. It is the Customer's sole responsibility to record all the data relating to him/her on the invoice issued, including any errors, in a true and correct manner. Failure to do so, or incomplete or incorrect recording, shall not oblige the Service Provider to issue a new or corrective invoice. By accepting the GTC, the Customer irrevocably and definitively waives this possibility to the fullest extent permitted by law. Any damages resulting from the provision of incorrect, incomplete or incorrect data on an invoice which is not eligible for a tax deduction shall be borne in full by the Customer. To the fullest extent permitted by law, the Parties exclude all claims for damages and other claims in connection therewith, which the Customer irrevocably accepts by accepting these GTC.

  1. § TRANSIT RIGHT

6.1 The Customer, who is a consumer, i.e. a natural person acting outside the scope of his/her profession, occupation or business activity, may withdraw from the contract within 14 days of receipt of the product, as set out below, in accordance with the provisions of Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses (hereinafter referred to as the Government Decree).

Under the Government Decree, the Buyer (if he is a consumer) has the right of withdrawal (the right to return the product). The Customer may exercise this right in all cases, with some exceptions, without giving reasons.

6.2 The right of withdrawal may be exercised as follows:
The Consumer may exercise his right of withdrawal by using the model declaration form provided in the Government Regulation or by means of a clear declaration to that effect, i.e. by sending it to the Seller (Flow Outfitters website) by e-mail or by post. The Consumer bears the burden of proving that he has exercised his right of withdrawal in due time and in the manner provided for.

In the case of a written withdrawal, it shall be deemed to have been exercised within the time limit if the Consumer sends the Supplier a declaration to that effect within 14 calendar days (up to and including the 14th calendar day). In the case of notification by post, the date of posting shall be taken into account by the Service Provider for the calculation of the time limit, in the case of notification by e-mail, the date of sending the e-mail. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven. The declaration must clearly indicate the Consumer's intention to withdraw.

6.3 Flow Outfitters shall grant the Consumer the right of withdrawal for the Products purchased on the Website within 14 days of receipt of the last good(s) included in the order, by providing the following information:

  1. Name of Customer
  2. Order number

If these required data are not included in the cancellation, the cancellation may be rejected as unidentifiable.



6.4.

6.5 In the event of withdrawal, the Consumer is obliged to return the ordered Product without undue delay to the address indicated below:

Flow Outfitters
1107 Budapest, Jegenye utca 32/11

The costs of returning the product to the Service Provider's address are to be borne by the Consumer, unless the Service Provider has agreed to bear these costs. The Service Provider is not able to accept the parcel returned by cash on delivery. No costs other than the cost of returning the product shall be borne by the Consumer in connection with the withdrawal.

6.6 Method of refund: the Service Provider shall use the same method of payment as the one used for the original transaction for the refund, after checking the integrity of the product, unless the Consumer expressly requests/agrees to use another method of payment; no additional costs shall be charged to the Consumer as a result of using this method of refund.

  1. WARRANTY OF ACCESSORIES


7.1. The Buyer may, at his/her option, make the following claims for warranty:
He/she may request repair or replacement, unless the fulfilment of the claim chosen by the Buyer is impossible or would involve disproportionate additional costs for the company compared to the fulfilment of his/her other claim. If the repair or replacement is not or could not be requested, the Customer may request a proportionate reduction in the price or have the defect repaired or replaced at the expense of the undertaking or, as a last resort, withdraw from the contract. The Buyer may transfer his right of warranty of choice to another, but the cost of the transfer shall be borne by the Buyer, unless it was justified or the business gave a reason for it.

7.3 The Buyer shall notify the Supplier of the defect immediately after its discovery, but not later than two months after the discovery of the defect. (In the case of second-hand goods, this period shall not exceed one year.)

7.4 The customer may assert a warranty claim against FLOWAOLIGE Ltd.
Within six months from the date of performance, the Customer may assert a claim for a warranty claim on the basis of the defect, provided that the Customer proves that the product or service was provided by the Website operated by the company. However, after six months from the date of performance, the Customer is obliged to prove that the defect discovered by the Customer existed at the time of performance.

  1. § PRODUCT WARRANTY

8.1 In the event of a defect in movable goods (product), the Customer may, at its option, exercise its rights under clause 7 or assert a product warranty claim.
As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

8.2. The Product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
The Customer may claim under the product warranty within two years of the date on which the product was placed on the market by the manufacturer. Once this period has expired, he loses this right.

He may only exercise his right to claim under the product warranty against the manufacturer or distributor of the movable good. In the event of a product warranty claim, the Customer must prove that the product is defective.

The manufacturer (distributor) is only released from his product warranty obligation if he can prove that:

- the product has not been manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time of placing on the market, or
- the defect in the product results from the application of a legal or regulatory provision.
The manufacturer (distributor) need only prove one ground for exemption.

  1. § MANDATORY GUARANTEE

In the event of defective performance, the Company shall be obliged to provide a warranty pursuant to Act V of 2013 on the Civil Code (Civil Code) and Government Decree 151/2003 (IX. 22.). The Company shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.

A defect is not covered by the warranty if its cause occurred after the product was delivered to the Customer, for example, if the defect was caused by misuse, failure to observe the instructions for use, incorrect handling, etc. The Customer may not assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time and in parallel, but otherwise the Customer shall have the rights under the warranty irrespective of the rights set out in Clauses 7 and 8.

Flowaolige Ltd. draws attention to the fact that in the event of a warranty claim for accessories/products, it provides a door-to-door guarantee ("Pick-up") service via GLS Courier Service, which also means that in the event of the product being proven to be non-responsible, the costs incurred for delivery and reimbursement will be fully covered, in addition to the guarantee mode chosen by the Customer (repair, replacement, reimbursement).

  1. § CONTACT

The Seller cannot be held liable for any damage suffered by the Buyer or any third party as a result of the Seller's performance of its contractual obligations. The Seller shall not be liable for any damage resulting from the use of the Products. The Seller shall not be liable for any damage to the Products after delivery to the courier service, any problems arising from the delivery shall be the responsibility of the courier service.
The data sheet of the selected Product will include descriptions of the essential characteristics of the Product, instructions for use, with the understanding that details of the actual characteristics of the selected Product can be found in the instructions for use attached to the Product.

  1. § OUR SPECIAL RULES FOR ONLINE SALES

11.1 Any User/Customer may access the Website. Flow Outfitters reserves the right to restrict the Customer's/Customer's right to place an Order and/or to choose a payment method and then restrict its use, if the Customer's/Customer's activities on the Website may jeopardise the smooth operation of the Website and/or may cause damage to Flow Outfitters. In such a case, the Customer/Customer may contact Flow Outfitters Customer Service, where the reasons for the restriction(s) will be communicated to him/her.
11.2 If, in the Company's judgment, there is above average traffic from a particular Internet network, Flow Outfitters reserves the right to introduce the use of a "captcha" type code for Users/Customers/Buyers visiting the Website, in order to protect the content and all information on the Website.

11.3 Any information of any nature provided to the Seller by the Buyer/Customer will be treated confidentially by the Seller and may only be shared with third parties with the Buyer's consent and under the terms and conditions set out in these accepted Terms and Conditions.

11.4 The Buyer/Customer shall not make any public statements to third parties in relation to the Order/Contract without the prior written consent of the Seller.
11.5 By providing information and data on the Website, the Customer/Customer grants the Seller unrestricted and irrevocable access to such information and data and the right to use, copy, modify, transmit and distribute such information or data.

11.6.

11.7.

  1. § APPLICABLE LAW, COMPLAINT HANDLING, REDRESS

12.1 The applicable Hungarian legislation shall apply in relation to this Contract.
19.2 In accordance with the provisions of Act CLV of 1997 on Consumer Protection, if any consumer dispute between the Service Provider and the Customer is not resolved in negotiations with the Service Provider, the Customer, who is a consumer, may apply to the conciliation body competent in the place of his/her residence or domicile and initiate the proceedings of the body, or may also apply to the conciliation body competent in the place of the Service Provider's registered office. The name of the competent conciliation body according to the seat of FLOWAOLIGE Kft. is. 99., III. floor. 310.; contact details: postal address: 1253 Budapest, PO Box 10; e-mail address: bekelteto.testulet@bkik.hu; fax: 06 (1) 488 21 86; telephone: 06 (1) 488 21 31.

Flow Outfitters will make use of the conciliation procedure and cooperate in the conciliation procedure in order to settle consumer disputes. If the Customer wishes to conduct and settle the consumer dispute online, he/she may do so through the online dispute resolution platform at http://ec.europa.eu/odr. The Customer (if Consumer) may refer his/her consumer complaint to the competent district office in the area. More information on this can be found at the following link: http://jarasinfo.gov.hu/.

12.3 The Seller reserves the right to update the provisions of the General Terms and Conditions of Use of these Websites or to amend them from time to time to reflect the way and conditions of the Website's operation or changes in the legal environment. In such cases, an amended version of the General Terms of Use will appear on the Site. The Customer/User has the right to object to the General Terms and Conditions of Use after their publication on the Website.

Budapest, 07.08.2020.