Terms and conditions of use

Glo-Story Kft.
Valid from Jan 01, 2020 until withdrawal

1. The effectiveness of the General Business Terms and Conditions

(1) The General Business Terms and Conditions (hereinafter referred to as "GBT") apply to business relationships between the Supplier and the Buyer. The GBT applies to each and every purchase of Buyer.

(2) The terms and conditions of the GBT may be amended by the individual agreements signed by the parties, provided, however, that such agreement was entered into in a written format and includes a special reference to the amended provision of the GBT.

(3) Any declaration, notice (for example change in delivery time, report on lack of quantity/damage, rescission of contract) may be done only in written format.

(4) Supplier undertakes the obligation to supply the products ordered by Buyer in accordance with the acceptance notice of Supplier that forms part of the supply contract. Buyer undertakes to take over the products and pay the purchase price included in the contract.

(5) Unless the parties agree otherwise, Buyer acknowledges the knowledge of the content of these GBT and accepts its provisions as binding by placing the individual order.

(6) Supplier may amend the provisions of these GBT, provided, however that processed orders will be executed under the GBT effective at the time of making the order.

2. Contracting procedure

(1) The product descriptions and specifications included in the catalogue and web site of the Supplier shall not be considered as offer and does not create any legally binding obligation (call for the provision of offers).

(2) The contract is created between the parties by the acceptance of Buyer's offer by Supplier with the same terms and conditions. The written offer of Buyer shall include the corporate name, registered seat, tax number and bank account number of Buyer, the specification, quantity, requested delivery term and place of the product.

(3) Offers/orders may be made:

a. through ordering through the web-shop of Supplier; to such offers the rules included therein shall apply;
b. through e-mail or fax sent to the Customer Service of the Supplier; in this cases the terms and conditions of this GBT shall apply.

(4) Buyer shall have a customer code and password to make offers through the web-shop. The information relating to this are available at the home page of www.glo-story.com and the Customer Service of Supplier provides a help in registration. Buyer shall keep the password as confidential. Supplier shall not be liable for any damages arising from the unauthorized use of the password by a third party, provided, that such use is that is attributable to Buyer.

(
5) The Customer Service of Supplier may be contacted at:
Address: 1107 Budapest, Monori utca 2-4, Hungary.
Phone:
+36-30-3891052
e-mail:
webshop@glo-story.com
Opening hours: 8:00 – 17:00

(6) Conditions precedent to any supplies outside the territory of Hungary and the creation of the supply contract is the existence of EU Tax number.

3. Payment terms, methods, deadlines

(1) The net prices of the products can be found at the webpage of www.glo-story.com. In case of Hungarian prices that legally applicable VAT shall also be charged. In case of supplies outside Hungary the VAT shall be charges in accordance with the applicable regulations.

(2) Invoicing shall be made in electronic format.

(3) Individual price offer may be requested at the Customer Service.

(4) New Buyers shall pay the price of the product in advance in case of the first three (3) supplies. Thereafter the parties enter into an individual arrangement in each case.

(5) In case of payment delay Supplier shall be entitled to charge a default interest at the rate and in the manner as specified by Section 301/A of the Hungarian Civil Code. In case of payment delay, Supplier shall charge Buyer for the second payment warning €2.50 (two euro and fifty eurocent) or its equivalent in local currency, and for the third and fourth payment warnings €15 (fifteen Euros) or its equivalent in local currency), each. In case the payment is not made after the fourth payment warning Supplier is entitled to hand over the claim to a collection agency, the cost of which shall be reimbursed by the Buyer.

(6) If after the conclusion of the contract between the parties it may be constructive that the payment of the purchase price is jeopardized by the potential solvency of Buyer or Buyer is in delay with any previous payment obligations, Supplier is entitled to reject the completion of the supply and rescind the contract or suspend the supply of the products.

(7) Payments may be made in the following manners:

a. via bank transfer to the bank account of Supplier included on the invoice;
b. credit card. The type of credit cards accepted by Supplier for payment are included on the web-page of www.glo-story.com. In case of payment by credit card the amount so paid shall be reserved, the payment may not be made after its approval. Upon completion of the supply (delivery of the products) the payment will become due and the credit card will be debited at this time. In case the products ordered cannot be delivered Supplier immediately informs Buyer of this fact and returns all payments immediately.

(8) Supplier reserves the right to charge the possible withholding costs to Buyer in case of payment by credit card, provided, that such costs are attributable to Buyer.

4. Inspection of the products; Supply costs


(1) The products may be inspected at the show room of Supplier (1107 Budapest, Monori utca 2-4, Hungary.). The sample products may not be purchased or taken away at consignment basis.

(2) Product sample may only be purchased. Except faulty fulfillment, samples cannot be re-possessed by Supplier.

(3) Supplier does not undertake to place emblems on the products.

(4) Deliveries are being done by the courier chosen by Supplier. The cost of delivery shall be borne by Buyer in case the value of the products does not reach the amount above which the delivery of the products is free. No delivery cost applies in case the Buyer personally takes over the products at the storehouse of Supplier at 1107 Budapest, Monori utca 2-4, Hungary.

(5) The cost of packaging, the issue of bill of freight as well as the other delivery costs shall be accounted for as part of normal delivery costs. The applicable customs shall be paid by Buyer, if applicable and the customs documents shall be filed out by Buyer. The extra costs arising from express delivery (courier, priority or similar service) shall always be borne by Buyer.

5. Sett of, withholding

Buyer shall be entitled to set off its claims against Supplier's claim if the Buyer's claim is based on enforceable court order or if it is undisputed or acknowledged by Supplier. Buyer may exercise its set-off right only in accordance with Sections 296-297 of the Hungarian Civil Code and the provisions of this GBT.

6. Delivery term and delay in delivery

(1) Unless the parties especially mutually agree, the delivery terms and dates does not create any binding obligation. The general, non-binding delivery terms of Supplier for products in stock shall be 1-6 days. The Customer Service provides on information on delivery terms at a country by country basis.

(2) The delay in delivery is established in accordance with the applicable regulations.

(3) In case the Suppliers falls into delay with any specifically set delivery deadline due to any reason within its control, Buyer shall provide at least 5 (five) days grace period for the completion of delivery. In case of failure to meet this deadline Buyer shall be entitled to rescind the contract.

(4) In case the Supplier falls into delay with any specifically set delivery deadline due to any reason outside its control, Supplier shall immediately notify the Buyer thereof as well as provide a new date of delivery. In case the Supplier's performance does not occur within such new term either, Buyer shall be entitled to partially or wholly rescind the contract and Supplier shall refund the already paid purchase price.

7. Delivery, transfer of risk, acceptance, delay in acceptance

(1) The place of performance is the warehouse if the delivery is made therefrom. At the request of Buyer the products may be delivered to another performance place.

(2) The risk of loss or dilapidation shall pass to Buyer at the time of performance. In case the products are delivered to another performance place the risk of loss or dilapidation shall pass to Buyer upon hand over of the products to the supplier, courier or other similar organization.

(3) In case of delay of take over of the products by Buyer or failure to cooperate in their taking over or any delay caused by the Buyer, Supplier shall be entitled to claim damages, including extra costs (such as storage cost arising therefrom).

8. Title to the products

(1) Title shall be reserved for the Supplier in case of delivery. Supplier reserves the title to the products until full payment of its claims.

(2) In case of payment delay Supplier shall be entitled to claim the return of the products even if it does not exercise its right to rescind the contract.

(3) As security for the Supplier's claims, Buyer hereby assigns its claims towards its purchasers of the products to Supplier, including processed products or products with emblems.

9. Colors and sizes

(1) The colors defined in the publications (catalogue, internet, etc.) do not fall under a unified color specification scheme, they are only for reference. The same applies to sizes indicated on labels. Depending on the place of origin the colors and sized may defer, so based on these data no conclusion can be made as to color or size.

(2) Based on the above the actual differences between sizes and/or colors do not serve as basis for faulty fulfillment or damage claim, provided that the products supplied conform to the ordered size (for example, L) or color (for example, red). This, however, does not influence the return on the products as referred in Section 12.

10. Default in performance

(1) In case the product delivered does not comply with the quality, quantity or is not suitable for normal wear or tear Buyer may exercise its rights granted by Section 306 on the Hungarian Civil Code for performance default. Buyer shall provide a reasonable grace period for remedying the default.

(2) Conditions precedent to exercise its rights to default performance by Buyer is the exercise of its right of inspection and checking granted by law. The obvious defaults shall be reported and challenged immediately but in no later than seven (7) days in writing and latent defects within one (1) year of their discovery towards the Supplier. Supplier or the business enterprise entrusted by Supplier shall inspect the products prior to placing emblems (embroidery, printing, etc.) on them for the purpose of detecting defaults, if any.

(3) The products with default shall be returned to Supplier at the agreed date and place.

(4) The remedy of default in performance may take place by repair or replacement of the product by a new product. In such a case Buyer shall not exercise its right to claim discount or rescind the contract. If the repair of the product fails three times, Buyer shall be entitled to request, at its option, price reduction or rescind the contract.

(5) Buyer shall enforce any damage claim under the Hungarian Civil Code only if the performance was unsuccessful.

11. Liability

(1) Unless these GBT provide otherwise, each party is liable for the damages arising from contractual obligations subject to the provisions of the Hungarian Civil Code.

(2) In case of breach, Buyer shall be entitled to its right to rescind the contract only in accordance with these GBT or Section 306 of the Hungarian Civil Code.

12. Return of the product

(1) Any return of the products may be made only subject to the Return Notice sent by Supplier. The Return Notice may be requested through phone, fax or e-mail. No return is accepted without Return Notice.

(2) Return of new, unprocessed products, without emblem, is possible only within fourteen (14) days of delivery day. Supplier does not accept returned goods without their original packaging (for example shirts, T-shirts supplied in nylon bags). Underwear may not be returned or replaced due to hygienic reasons. Supplier does not accept the return of any products with emblem.

(3) Any costs of replacement of products that is not arising from performance default shall be charged to Buyer.

(4) In case the replacement is due to performance default the cost of replacement is born by Supplier. For products returned in accordance with Section 12 (1) Buyer, at its request

a. shall receive a credit in the same amount;
b. may request the repayment of the purchase price.

(5) In case the products are not being returned due to performance default, Buyer, subject to the provisions of Section 12(1) and (2) receives a credit up to the amount of the purchase price of the returned products less 15% handling fee, but a minimum of the local currency equivalent of €25 (twenty five Euros).

13. Statute of limitation

Unless the parties agree otherwise in writing, the statute of limitation to assert their claims against each other shall be subject to the provisions of the Hungarian Civil Code.

14. Intellectual property rights

Supplier reserves all intellectual property rights with respect to its catalogues, product specifications and photos, including their electronic format.

15. Law, Jurisdiction, Governing language

(1) The laws and regulations of Hungary, especially the Hungarian Civil Code shall apply to these GBT and the individual contracts signed thereunder. The parties exclude the applicability of the trade laws of UN.

(2) The parties intend to settle all disputes in an amicable way. In case of failure to reach an amicable settlement they subject themselves to the competent Hungarian court.

(3) These GBT were prepared in English only.

16. Partial invalidity

If any provision of these GBT becomes wholly or partially invalid it does not concern the other provisions of these GTB. Instead of the invalid provisions the respective provisions of laws and regulations shall be applied.

SERVICE PROVIDER
Glo-Story Kft.
Monori utca 2-4,
1107 Budapest, Hungary