TERMS AND CONDITIONS
1. INTRODUCTION
These General Terms and Conditions (hereinafter T&C) contain the conditions for the use of the service available on the colorfulbach.com website (hereinafter: website) by the user (hereinafter: User). The technical information required for the use of the website, which is not contained in these GTC, is provided by the information available on the website. By using the website, the User acknowledges and accepts the provisions of these General Terms and Conditions.
2. THE SERVICE PROVIDER
Name: BioBach-Music Könyv-és Zeneműkiadó Bt.
Headquarters: 1037 Budapest, Farkastorki slope 2 C
Mailing address: same as above
Business premises address: colorfulbach.com
Name of representative: Marta Ábrahám
Registration authority: Ministry of the Interior
Tax number: 25945111-1-41
Account holding financial institution: Granite Bank
Account number: 12100011-19703828
IBAN account number: HU83 12100011-19703828
SWIFT/BIC: GNBAHUHBXXX
E-mail address: info@colorfulbach.com
Telephone number: 06209495751
3. ACTIVITY ON THE WEBSITE
On the website we sell art publications, sheet music, books, CDs, especially Johann Sebastian Bach Six sonatas and partitas for solo violin (BWV 1001-1006) for the analysis of his work.
4. TERMS OF USE
4.1. Responsibility
The User may use the website solely at his own risk, and accepts that the Service Provider shall not be liable for material or non-material damages arising during use, for breach of contract caused intentionally, by gross negligence, or criminally, as well as for breach of contract that damages life, limb, or health. in addition.
The Service Provider disclaims all responsibility for the behavior of website users and that the User is fully and exclusively responsible for his own behavior.
The User is obliged to ensure that, when using the website, he does not directly or indirectly violate the rights of third parties or the laws.
The Service Provider is entitled, but not obliged, to check the content (for example, comments) made available by the Users during the use of the website, and with regard to the published content, the Service Provider is entitled, but not obliged, to look for signs of illegal activity and assumes no responsibility for them.
4.2. Copyrights
The entire website (texts, images, graphic elements, etc.) is protected by copyright, so it is forbidden to copy, modify or distribute it for commercial purposes!
5. PURCHASE ON THE WEBSITE
5.1. Order process
The website provides users with product presentations and online ordering. The User can browse the website using the menu items. The products are listed in a category system.
By clicking on the name of the category, you can see the list of products installed in it. From the product list, the detailed product page can be accessed by clicking on the product name, here you can find out about the detailed characteristics and price of the product you want to order.
The selected product can be placed in the basket using the basket button, next to the button the required number of pieces can be set. The User can check the contents of the basket using the Basket menu item. Here you can change the quantity of the product in the basket you want to order, or you can delete the given item. You can also use the Empty Basket button to completely empty the basket. The User can continue the purchase process by clicking the Order button.
In case of registration, the User must provide the following data: e-mail address, name, telephone number, billing address and, if different, the delivery address. In addition to the above data, a password must also be entered for registration. The User can find out about the successful registration by e-mail and on the website. The User can request the cancellation of his registration by e-mail from the Service Provider. The User is responsible for keeping access data confidential. The User is responsible for updating his/her data and must notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party. In case of forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the website, the order process can be continued by entering their e-mail address and password.
As the next step of the order, the User must choose the payment and delivery method that suits him. With the help of a summary page, the User can check all the previously entered data and the products they want to order and their quantities. In case of data entry errors, you can correct the entered data. If you find everything suitable, you can finalize your order using the Submit Order button. You will receive confirmation of this on the website or by e-mail. If you notice incorrect data after the order has been recorded (e.g. in the confirmation e-mail), you must report it to the Service Provider immediately, but no later than within 24 hours.
Regardless of the intention to order, the User accesses the Customer Login window, or the Entryyou can do it using the menu item. After logging in, one will appear Modification of data menu item, where you can change the data you entered during registration, as well as the data and status of your placed order.
5.2. Binding offer, confirmation
The Service Provider informs the User about the confirmation within 48 hours. If the User does not receive this confirmation within 48 hours, the User is released from his obligation to make an offer and is not obliged to take delivery of the ordered products.
The confirmation e-mail contains the data entered during the purchase, the order data, the name and price of the ordered product(s), the chosen payment and delivery methods, the order number, as well as the User’s comments about the order.
5.3. Creation of the contract
It is possible to conclude the contract in Hungarian. Placing an order is considered a contract concluded electronically, which is subject to the provisions of Act CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. the provisions of the law are applicable accordingly. The contract falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between the consumer and the business, and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
The contract is established upon receipt of the automatic confirmation. OBSESSION
In addition to the automatic confirmation e-mail, the Service Provider sends the User a second e-mail (separate acceptance e-mail) within 48 hours, with which the User accepts the offer, and thus the contract is concluded upon receipt of a separate e-mail regarding the acceptance of the offer by the Service Provider is created and not by the receipt of an automatic order confirmation e-mail within 48 hours.
5.4. Registration of the contract
The contract concluded via the website is not considered a written contract, the Service Provider does not file it, and it is not accessible afterwards.
The Service Provider submits to the provisions of any code of conduct and, if so, where such a code of conduct is available.
5.5. Invoice
The Service Provider issues a paper or electronic invoice, which the customer receives upon delivery of the package or by email. The invoice is issued by the Service Provider based on the data entered for the billing address when placing the order
5.6. Payment
5.6.1. Forward references
The customer transfers the amount of the order in advance to the service provider’s bank account number, which can be found on the website. After receipt of the transfer, the Service Provider sends the package.
5.6.2. Cash on delivery
In the case of cash on delivery, the buyer pays the price of the package together with the shipping cost to the delivery courier upon receiving the package.
5.6.3. Cash on site
In the case of personal collection, the customer pays in cash upon collection.
5.6.4. Online with bank card payment
Online bank card payments are made through the Stripe system. The bank card data will not reach the merchant.
5.7. Pickup possible, Delivery
5.7.1. Personal collection
Personal collection is possible at the headquarters of BioBach-Music Könyv és Zeneműkiadó Betéti Társaság, located under 2 C, 1037. Budapest, Farkastorki lejtó, at a pre-arranged time.
5.7.2. Post and courier service
We deliver by courier service in the ways specified in the delivery information on our website or with a postal service provider.
5.7.3. Delivery to a Posta parcel machine.
With the help of this delivery method, you can request the delivery of the package to Magyar Posta parcel machines.
5.7.4. Shipping abroad
We deliver to the countries specified in the Information/Delivery menu item on our website by courier or with a postal service provider.
5.7.5. VAT
The prices indicated on the website are gross prices, which include 5% VAT for books and sheet music, and 27% VAT for CDs.
6. RIGHT OF WITHDRAWAL
6.1. Procedure for exercising the right of withdrawal
The provisions of this point apply only to natural persons acting outside the scope of their profession, independent occupation or business activity who buy, order, receive, use, use goods, as well as the recipient of commercial communications and offers related to the goods (hereinafter referred to as the Consumer).
To withdraw from the contract without giving reasons within fourteen (14) days from the date of receipt of the product or, in the case of multiple products, the last delivered product by the Consumer or a third party indicated by him, other than the carrier.
The consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product.
If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (e.g. by mail, fax or electronic mail) to the Service Provider using the contact details indicated in point 1 of these General Terms and Conditions. For this purpose, the Consumer can also use the withdrawal statement sample attached to the order confirmation e-mail. The Consumer exercises his right of withdrawal within the deadline if he sends his cancellation statement to the Service Provider before the expiry of the above-mentioned deadline.
The Consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the provisions set out in point 5.
In both cases, the Service Provider will immediately confirm receipt of the Consumer’s withdrawal statement by e-mail.
In case of cancellation in writing, it shall be considered valid if the Consumer sends his statement to this effect within 14 calendar days (even on the 14th calendar day) to the Service Provider.
In the case of notification by post, the Service Provider takes into account the date of mailing, and in the case of notification via e-mail or fax, the time of sending the e-mail or fax is taken into account for the calculation of the deadline. The Consumer sends the letter as registered mail so that the date of posting can be reliably proven.
In the event of cancellation, the Consumer must return the ordered product to the Service Provider’s address indicated in point 1 without undue delay, but no later than within 14 days of the notification of cancellation. The deadline is considered to have been met if the Consumer sends the product (posts it or hands it over to the courier he ordered) before the 14-day deadline expires.
The cost of returning the product to the Service Provider’s address is borne by the Consumer. The Service Provider is unable to accept the package returned by cash on delivery. Apart from the cost of returning the product, the Consumer will not be charged any other costs in connection with the cancellation.
If the Consumer withdraws from the contract, immediately, but no later than within 14 days from the receipt of the Consumer’s withdrawal statement, the Service Provider will refund all the compensation provided by the Consumer, including the cost of transport (paid for delivery), except for the additional costs that arose as a result, that the Consumer has chosen a different mode of transport than the cheapest usual mode of transport offered by the Service Provider. The Service Provider has the right to withhold the refund until the product has been returned, or the Consumer has not proven creditworthy that he has returned it: of the two, the Service Provider takes into account the earlier date.
During the refund, the Service Provider uses a payment method identical to the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
The Consumer can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product.
6.2. In which cases does the Consumer not have the right of withdrawal
In the case of a contract for the provision of a service, after the completion of the service as a whole, if the Service Provider has started the performance with the express, prior consent of the Consumer, and the Consumer has acknowledged that he will lose his right of termination after the completion of the service as a whole.
With regard to a product or service whose price or fee cannot be influenced by the Service Provider, it depends on possible fluctuations in the money market even during the 14-day withdrawal period.
In the case of a non-pre-manufactured product that was produced by the Service Provider based on the Consumer’s instructions or at his express request, or in the case of a product that was clearly tailored to the User.
Regarding a perishable product or a product that retains its quality for a short time.
With regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene.
With regard to a product which, due to its nature, is inseparably mixed with other products after delivery.
With regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the control of the Service Provider, and the price of which was agreed upon by the parties when concluding the sales contract, however, the performance of the contract will only take place after the thirtieth day from the conclusion of the contract.
In the case of a business contract in which the Service Provider visits the User at the express request of the Consumer in order to carry out urgent repair or maintenance work.
With regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the Consumer has opened the packaging after delivery.
Regarding newspapers, magazines and periodicals, with the exception of subscription contracts.
In the case of contracts concluded at a public auction.
With the exception of services for residential purposes, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for completion specified in the contract has been agreed.
With regard to digital data content provided on a non-physical data carrier, if the Service Provider has started performance with the express, prior consent of the Consumer, and the Consumer has simultaneously declared with this consent that he/she will lose his/her right of withdrawal after the start of performance.
7. WARRANTY
7.1. Accessories warranty
In the event of defective performance by the Service Provider, the User may enforce a warranty claim against the company in accordance with the provisions of Act V of 2013 on the Civil Code.
7.2. Product warranty
Product warranty can only arise in the event of a defect in a movable thing (product). In this case, the User who qualifies as a Consumer – according to his choice – according to 6.1. you can enforce your right or product warranty claim specified in point.
As a product warranty claim, the User may only request the repair or replacement of the defective product.
The product is considered defective if it does not meet the quality requirements in force at the time it is placed on the market or if it does not have the properties described by the manufacturer.
7.3. Warranty
151/2003 on the mandatory warranty for certain consumer durables in relation to the mandatory warranty for certain consumer durables. (IX. 22.) Government decree contains regulations. The (material) scope of the decree only applies to the products sold in the framework of the new consumer contract concluded in Hungary and listed in the annex to the decree.
7.4. Validation of warranty claims
The User can validate his warranty claims at the following contacts:
Name: BioBach-Music Könyv-és Zeneműkiadó Bt.
Mailing address: 1037 Budapest, Farkastorki slope 2
Telephone number: +36209495751
E-mail address: info@colorfulbach.com
8. OPTIONS FOR ENFORCEMENT
8.1. Place, time and method of handling complaints
The User may submit consumer objections regarding the product or the Service Provider’s activities at the following contact details:
Name: BioBach-Music Könyv-és Zeneműkiadó Bt.
Mailing address: 1037 Budapest, Farkastorki slope 2
Telephone number: +36-20-9495751
E-mail address: info@colorfulbach.com
In all cases, the Service Provider acts according to the rules for written complaints.
The Service Provider assigns a unique identifier to a complaint recorded on the phone or using another communication device, which simplifies the retrieval of the complaint later on.
The Service Provider shall respond to the complaint received in writing within 30 days. According to this contract, the measure means mailing.
If the complaint is rejected, the Service Provider will inform the User of the reason for the rejection.
8.2. Other Remedies
If any consumer dispute between the Service Provider and the User is not settled during negotiations with the Service Provider, the following legal enforcement options are open to the User:
- Filing a complaint with the consumer protection authority,
- Initiating the conciliation board procedure (the contact details of the competent Conciliation Board according to the seat of the Service Provider must be indicated),
- Initiating legal proceedings
9. OTHER
9.1. General Terms and Conditions, modification of prices
The Service Provider may modify these GTC, the prices of the products sold on the website and other indicated prices at any time with non-retroactive effect.
9.2. Technical limitations
Shopping on the website presupposes the User’s knowledge and acceptance of the possibilities and limitations of the Internet, with particular regard to technical performance and errors that may arise. The Service Provider is not responsible if any operational error is detected in the internet network, which prevents the operation of the website and the purchase.
9.3. Privacy policy
The data protection policy of the service provider is available at the following address:
https://colorfulbach.com/adatkezelesi-tajekoztato/
The entry into force of these General Terms and Conditions: 2022.10.03.