GTC

General Terms and Conditions

Effective: from 16 November 2022
1. General information, conclusion of the contract between the Parties
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all goods that can be ordered in the webshop (hereinafter referred to as "Webshop") operated by Nonplusz Fashion Kft. (hereinafter referred to as "Service Provider") and available through https://www.nonplusz.com (hereinafter referred to as "Website"). These GTC shall apply to all electronic commerce services provided in Hungary through the Webshop.
1.2 Customer means any natural person who places an order in the Webshop. The term Customer includes the term consumer. Consumer is a natural person acting outside the scope of his/her profession, self-employment or business activity pursuant to Act V of 2013 on the Civil Code (hereinafter referred to as the "Civil Code").
1.3 Purchases in the Webshop are regulated by the Hungarian legislation in force, in particular the Civil Code, Act CVIII of 2001 on certain issues of electronic commerce services and information society services, and Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses.
1.4. Purchases in the Webshop can be made by placing an order electronically, as set out in these GTC.
1.5. The Service Provider is not responsible for the fulfilLment of the order, if the product is not available in the meantime, the Service Provider is entitled to refuse the order.
1.6 The contract between the Parties shall be concluded upon acceptance of the GTC by the Customer upon confirmation of the order by the Service Provider, as set out in the GTC. If the Customer does not accept the terms and conditions of the GTC, he/she may not use the services of the Webshop, and thus may not register or place an order.
1.7 The contract concluded shall be deemed to be in writing. The data stored in writing in the contract shall be the same as the data provided during the order. The language of the contract and of communication is Hungarian. The Service Provider shall file the contract and keep it for 5 years after its conclusion.
1.8. It is the responsibility and duty of the minor or person of limited capacity to obtain such consent. The ordering interface of the Webshop and the Service Provider do not have the responsibility or the possibility to know and find out who is on the user page during online transactions, therefore the responsibility lies solely with the Customer.
1.9 The Service Provider does not have a Code of Conduct pursuant to Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.
1.10. By placing an order in the Webshop and ticking the box for acceptance of the GTC, the Customer accepts and acknowledges the GTC as binding.

2. Service provider and hosting provider data:
Company name: Nonplusz Fashion Kft.
Registered address: 1087 Budapest, Százados út 3-13.
Company registration number: 01-09-183863
Tax number: HU24816720
Bank account number: 74117631272803588800000000
E-mail: info@nonplusz.hu

Data of the service provider providing storage space for the Service Provider:
Name: Shopify Inc.
Registered address: 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada
Website: www.shopify.com

3. Orders

3.1. No registration is required to order from the Webshop. When filling in the order form, the following data is required or possible: name, e-mail address, phone number, billing address, shipping method, shipping address, comment. Buyers may only enter their own personal data on the Website. To successfully place an order, the Customer must accept these GTC and Privacy Policy by ticking the relevant box. By ticking the boxes, the Customer declares that he/she has read, understood and fully complies with all the provisions of these GTC and the Privacy Policy and accepts to be bound by all the provisions thereof.

3.2. The Customer is solely responsible for the accuracy, currency and veracity of the data provided. The Service Provider excludes any liability arising from the incorrectness, typographical errors or the provision of inaccurate data on the Website. The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate data provided by the Customer. The Service Provider shall not be liable for any damages resulting from the Customer forgetting his/her password or from it becoming accessible to unauthorised persons for any reason not attributable to the Service Provider.

3.3. Possibilities of correcting data entry errors: during the ordering process, it is possible to view or modify the contents of the shopping cart, if the cart does not contain the quantity you wish to order, you must enter the number of items in the data entry field in the "Quantity" column, and the system will automatically update the number of items. If the Customer wishes to delete the products in the basket, press the "-" "Remove product from basket" button.

During the order process, the Customer has the possibility to correct/delete the data entered. If the Customer has already proceeded to the data page to be corrected, but has not yet finalised the order, it is advisable to click on the back button of the browser (arrow in the top left corner of the screen) until the desired page appears, where he/she can already make changes. Further modifications to the data concerning the submitted order can be made using the contact details indicated in these GTC.

3.4. You can find out the properties and characteristics of the product that you can buy in the Webshop on the specific page of the product. For more information on the sizing of the clothes, the User can find it at the bottom of the page, under the menu item "sizing chart". If the Customer needs more information about the properties, use or usability of any product in the Webshop than is provided on the Website, he should contact the Service Provider.

3.5. The price indicated next to the products is always in EUR and is the gross purchase price of the product, including VAT but excluding delivery costs. The purchase price of the products does not include the cost of delivery. The shipping cost is 8 EUR - 30 EUR gross only for deliveries to European countries available on nonplusz.com. The shipping cost will be indicated in a separate line next to the product price after selecting the shipping. COD is not possible. In the order confirmation message, the price of the products and the shipping costs are shown on a separate line and only here - in the confirmation e-mail - the total amount is shown.

3.6. The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, provided that the change will come into effect at the same time as the change is published on the Website. The change will not adversely affect the purchase price of the products already ordered.

3.7. If, despite all due care, the Service Provider posts an incorrect price on the online store, in particular a price of "0" EUR or "1" EUR that is obviously incorrect, e.g. significantly different from the well-known, generally accepted or estimated price of the product, or a price of "0" EUR or "1" EUR due to a system error, the Service Provider is not obliged to sell the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase. 

3.8. The order will be accepted by the Service Provider via the Website only if the Customer fills in all the data required for the order. The Service Provider shall not be liable for any delivery delays or other problems or errors caused by the Customer's incorrect and/or inaccurate order data.

3.9. Order procedure:

Step 1: The product to be purchased is added to the shopping cart by clicking on the "ADD TO CART" button. Click on the button "Add to cart". The VAT rate is the percentage specified in the current VAT law.

Step 2: On the BASKET page, you must select the delivery method. The delivery method can be selected by pressing the "SELECT" button. Then you have to select the type of order you wish to place, either as a private individual or as a company - if you are a company, you must enter your company tax number - and once you have agreed to the Terms of Use and the Privacy Policy, you can proceed by clicking on the "PAYMENT" button.

Step 3: On this page, you will need to enter your email address, name and address, which will be used to issue the invoice or, in the case of home delivery, this address will be set as the default. You can then proceed to the next step by clicking on the TRANSFER METHODS button.

Step 4: On this page you can see our delivery methods, select the previously selected delivery method again and then click on the button NEXT TO DELIVERY METHOD.

Step 5: On this page you can select the payment method, whether you want to pay by card. On this page, you can specify if you want a different billing address.

To successfully place an order, all fields must be completed and the Customer must accept these Terms and Conditions and the Privacy Policy by ticking the box on the checkout page. Without acceptance of the GTC and the Privacy Policy, the order cannot be proceeded with.

3.10. The placing of an order by the Customer does not in itself result in the conclusion of a contract between the Service Provider and the Customer. After receipt of the Customer's purchase offer (order), the Service Provider is obliged to confirm the purchase to the Customer by electronic means (e-mail), which confirmation e-mail contains the data provided by the Customer during the purchase or registration (e.g. billing and delivery information), the order ID, the date of the order, the list of items belonging to the ordered product, the quantity, the price of the product, any prepayment details, the delivery cost and the final amount payable.  If this confirmation has not been received by the Customer within 48 hours of the offer being sent, the Customer's obligation to make an offer or any other obligation shall automatically terminate without any further conditions.

3.11. The Service Provider reserves the right to change the promotional offer without prior notice, to limit the availability of individual promotions, or to change the start and end dates of the promotions advertised. The Service Provider accepts no legal liability for any changes to the above.

3.12. Resale of products ordered from the Webshop is not permitted.

3.13. It is not possible to combine orders placed in the Webshop.

4. Payment and delivery terms

4.1 The Customer may pay the purchase price on the Website by credit card. 

4.2. Online payment by credit card is made through an electronic system operated by a payment service provider contracted by the Service Provider and independent of the Service Provider. The online payment by credit card is provided by OTP Mobil Kft. (1093 Budapest, Közraktár utca 30-32.; ugyfelszolgalat@simple.hu; +36 1/20/30/70 3-666-611). In the case of online payment by credit card, the Customer has the possibility to make the payment on the payment provider's own payment page. The Customer may not close the payment interface (browser window) of the payment service provider during the online payment process. Online payments are subject to the terms and conditions of the payment service provider, the card company concerned and the business rules of the financial institution issuing the card and crediting the amount. The Service Provider shall not process the Customer's credit card data.

4.3. The payment by credit card shall be deemed to have been made when the amount due is received by the Service Provider's bank account.

4.4. The invoice issued will be sent to the Customer by e-mail at the time when the order is packed by our logistics partner and handed over to the courier service.

4.5. The delivery prices for European delivery are as follows: Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden

The delivery prices for delivery to the above European countries are 8 EUR - 30 EUR. The Service Provider will inform the Customer of the delivery costs before sending the order.

To receive the ordered product for delivery to the specified European countries, the following methods are available:

- Home delivery

In view of the fact that the Service Provider has a contractual relationship with several courier services (hereinafter referred to as "Partner") for the purpose of delivery, the Partner will inform the Customer by e-mail after the order has been confirmed of the name and contact details of the courier service used to fulfill the order.

4.7. Delivery time is usually 2-7 working days from the day after the order is placed.

4.8. After successful payment, the day before the delivery, the Customer will be notified by the Partner of the expected time of delivery, its circumstances and the availability of the courier. If delivery is not possible, in the case of home delivery, the Service Provider will try again one week later on request. If delivery is impossible a second time, the Service Provider reserves the right to withdraw from the contract. In this case, the Customer will receive a credit note for the amount of the purchase price paid.

4.9. In all cases, the costs of re-delivery due to the failure of the delivery through the fault of the Customer shall be borne by the Customer. In case of consecutive unsuccessful deliveries, the Service Provider reserves the right to limit the Customer's orders (only previously settled purchases).

4.10. The Partner shall inform the Customer about the status of the order, the courier service used, the expected time of delivery (pick-up) and the action to be taken by e-mail. In the confirmation of the order, the Service Provider shall inform the Customer of the contact details of the Partner. The Partner will then inform the Customer about the information related to the delivery, such as the expected time of delivery, the parcel number and the specific courier service, as well as the link that the Customer can use to track the parcel and change the delivery time in case of delivery to the Customer's home. If the Customer has any questions regarding the delivery, he can request further information from the Partner's contact details.

4.11. The Supplier has insurance for all purchases for the duration of the delivery until it is delivered to the Customer.

5. Accessories warranty, product guarantee, guarantee

The warranty of accessories, product warranty and guarantee are governed by the provisions of the Civil Code in force at the time.

a) Warranty for accessories

In the event of defective performance by the Service Provider, the Customer may assert a warranty claim against the Company in accordance with the provisions of the Civil Code.

The Customer may, at his option, make the following claims for warranty of performance:

- It may request repair or replacement, unless the fulfillment of the request chosen by the Customer is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfillment of its other request. If the repair or replacement has not been or could not be requested, the Customer may request a proportionate reduction in the consideration or the Customer may have the defect repaired or replaced by another party at the expense of the Service Provider or, as a last resort, may withdraw from the contract. There shall be no right of withdrawal for minor defects.
- The Customer may transfer the warranty of a chosen accessory to another, but the cost of the transfer shall be borne by the Customer, unless it was justified or the Service Provider gave a reason for it.

The Customer shall notify the Supplier of the defect immediately after its discovery, but not later than two months after the discovery of the defect. The Customer may no longer assert his rights to a subsidiary warranty after the expiry of the two-year limitation period from the date of performance of the contract.

The Customer may assert a warranty claim for accessories against the Service Provider.

Other conditions for exercising the warranty rights for accessories: within six months of performance, there are no conditions for exercising the warranty rights for accessories other than the notification of a defect, provided that the Customer proves that the product was provided by the Service Provider. However, after six months from the date of performance, the Customer is obliged to prove that the defect which he has discovered existed at the time of performance.

b) Product warranty

In the event of a defect in the product sold to him by the Service Provider, the Customer may, at his option, exercise his right under a) or claim under product warranty. As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

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

The Buyer has two years from the date on which the product was placed on the market by the manufacturer to make a claim under the product warranty. Once this period has elapsed, he loses this right.

The Customer may only exercise his right to claim under the product warranty against the manufacturer or distributor of the product. The Customer must prove that the product is defective in the event of a product warranty claim.

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

- The manufacturer has not manufactured or placed the product on the market in the course of his business, or

- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or

- the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

The same defect may not give rise to both a warranty claim for accessories and a warranty claim for the product. However, in the event of a successful product warranty claim, the Buyer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

c) How to make a warranty claim

The Customer may notify a warranty or guarantee claim by sending a postal letter or an electronic mail to the Service Provider.

The letter must then include:

- the name and address of the Customer,

- the name of the product, the purchase price,

- the date of the purchase,

- the date of notification of the defect,

- a description of the defect,

- the claim the Customer wishes to assert.

6. Withdrawal

6.1 After receipt of the product, the Customer is obliged to check the content, condition and quality of the product and to immediately notify the Service Provider's contact details if something is missing or if he/she notices any discrepancies.

6.2 The Customer, who is a consumer, is entitled to withdraw from the contract within 14 days without giving any reason, in accordance with Government Decree 45/2014 (26.11.2014) on the detailed rules of contracts between consumers and businesses. The withdrawal period shall expire 14 days after the day on which the Customer or a third party other than the carrier and indicated by the Customer takes delivery of the ordered goods. In the case of the supply of more than one product, it shall expire 14 days after the date on which the Customer or a third party other than the carrier and indicated by the Customer takes delivery of the last product. The Customer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods. If the Customer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw to the Supplier (for example, by post, by electronic mail) using one of the contact details indicated in point 2 of the GTC.

The Customer shall exercise his right of withdrawal within the time limit if he sends his notice of withdrawal before the expiry of the time limit indicated above.

An exception to the above deadline is the deadline for returning products purchased in December, which, in view of the holidays, may be exercised until 15 January.

6.3 If the Customer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Customer, including the transport costs (excluding any additional costs incurred due to the fact that the Customer has chosen a transport method other than the cheapest usual transport method offered by the Service Provider), immediately and no later than 14 days after receipt of the Customer's notice of withdrawal. In making the refund, the Supplier shall use the same method of payment as that used in the original transaction, unless the Customer expressly agrees to use a different method of payment; the Customer shall not incur any additional costs as a result of using this method of refund. The Supplier may withhold the refund until the product has been returned or the Customer has provided proof that it has been returned (whichever is the earlier).

6.4 The Customer is obliged to return or hand over the product to the Service Provider without undue delay, but no later than 14 days from the date of the communication of the cancellation. The deadline shall be deemed to have been met if the product is sent before the expiry of the 14-day deadline. The direct cost of returning the product shall be borne by the Customer.

You can return the product in the following ways and to the following address:
- In any case, you must first fill in the electronic return form 
- Then, send or return the product(s) to the address provided, in their original condition, undamaged, with company name and telephone number:

NONPLUSZ FASHION KFT / NONPLUSZ HOME BOUTIQUE
1126 Budapest, Dolgos utca 2. / 4. epulet / 2. emelet 12. ajto, HUNGARY
info@nonplusz.hu
Please indicate the exact address and the phone number of NONPLUSZ on the parcel in any case: 06 30 253 0193

6.5 The customer may only be held liable for the depreciation of the product if it is due to use beyond the use necessary to determine the nature and properties of the product.

ELECTRONIC RETURN FORM

7. Complaint handling

7.1 The Customer may submit any complaints that may arise during the purchase to one of the contact details listed in section 2. The Service Provider's complaint handling is always free of charge.

7.2. Verbal complaint

The Service Provider will investigate the Customer's verbal complaint without delay and, if possible, remedy it immediately. If the Customer does not agree with the complaint handling or if it is not possible to remedy the complaint immediately, the Service Provider shall record the Customer's complaint and shall agree and approve its content with the Customer. The Service Provider shall provide a copy of the record to the Customer. Upon receipt of the complaint, the Service Provider shall examine the complaint and shall send a reasoned reply to the Customer within 30 days of its submission.

Complaints communicated by telephone shall be recorded by the Service Provider, in which case the audio recording shall replace the minutes referred to above.

7.3.