TERMS AND CONDITIONS
Effective Date: 25 January 2022
Preamble
These General Terms and Conditions (hereinafter: “GTC”) set forth the general terms governing the contractual relationship between Niin Design (Papp Adrienn Niké, sole proprietor, registered office: 137 Szabadság Road, 2040 Budaörs, Hungary, registration number: 57765073, tax number: 59717083-1-33, email: [nike.niin.design@gmail.com](mailto:nike.niin.design@gmail.com), phone: +36 20 211 7593) (hereinafter: the “Service Provider”) and any natural or legal person using the services (hereinafter: the “Customer”), including their respective rights and obligations.
The Service Provider reserves the right to unilaterally amend these GTC. Customers shall be notified of such amendments via a brief notice sent to the email address provided during the ordering process or via Messenger, and the amended version shall also be published on the Service Provider’s website in a consolidated format.
Subject of the Contract
The subject of this contract is the ordering of products designed and created by the Service Provider, as presented on its Facebook page (**NiiN - Niké Interior Design**), the submission of custom orders, and online payment.
Available Services
* The Service Provider offers uniquely designed and handcrafted products displayed on its Facebook page. * Each product includes a detailed description accessible by clicking on the product image. * The Service Provider also offers custom-designed products based on the Customer’s individual requirements and ideas, subject to separate agreement.
Ordering Process
The Service Provider publishes its products on its Facebook page. By clicking on a product image, Customers can view a brief description and the price.
2. To place an order, you must provide the following personal information in the email:
i. name
ii. billing address
iii. shipping address (if different from billing address)
iv. email
v. phone number
vi. identifier and price of ordered products.
The Service Provider will calculate the price of the ordered products and send the final amount in the confirmation email. If the product is no longer available, it will indicate this to the Customer by indicating "Sold Out" next to the product photo, by deleting it, or at the latest in the confirmation email, and the order amount will be determined taking this into account.
3. The ordered products can be paid for in advance by transfer to the Service Provider's bank account with the payment reference number 12012204-01469222-00100009 held at Raiffeisen Bank Zrt.
4. The contract is concluded by sending the order details to the Service Provider's email address provided above or in a Messenger message.
5. The ordered products can also be collected in person at a time and place agreed in advance with the Service Provider. In the administrative area of Budapest, the products are delivered by the Service Provider to the customer’s home or sent by courier service to the delivery address provided by the customer in advance, based on a separate agreement between the Customer and the Service Provider. The Service Provider delivers the ordered products to the customer’s home at … (…, registered office…, cg.: …, tax number: …, represented by: …) if the Customer requests home delivery and the parties agree on delivery by courier service.
6. We inform you that during the order the Customer is obliged to provide his/her personal data in accordance with reality and to notify the Service Provider of any changes in the provided data immediately, but no later than within 15 days. The Service Provider is not liable for any damage resulting from incorrect or incorrect provision of data during the user order, as the Customer has the opportunity to modify or correct the provided personal data at any time by sending an email to the Service Provider. The Service Provider is entitled to delete obviously incorrect or false data, and in case of doubt, it may verify the authenticity of the Customer, and also reserves the right to refuse the order if the Customer provides false or incomplete data or misuses personal data during registration.
7. Personal data provided during the order process is not public and third parties cannot access it.
8. The Service Provider is not liable for any damages resulting from the use or operation of the website, the Facebook page, or the email system, or for any of the following cases, regardless of the reason: non-arrival of data sent and/or received over the Internet; malfunctions of the Internet network preventing the performance of this contract; failure of receiving devices or communication lines, loss of any content or data; failure of any software or website; program errors, consequences of extraordinary events or technical errors; including force majeure; and the fees of the Customer's Internet service provider.
9. The order is considered a contract concluded electronically and in Hungarian.
10. The Service Provider shall send the Customer a confirmation of the receipt of the order without delay (no later than within 24 hours) on the platform where the order was placed. If the Customer does not receive the confirmation within 24 hours, the Customer shall be released from the obligation to perform.
11. The confirmation e-mail from the Service Provider constitutes acceptance of the offer made by the Customer, which creates a valid contract between the Service Provider and the Customer.
12. The Parties agree that if the Customer orders a product made based on individual requirements via the website, email or Messenger message, its price, production time, delivery and payment are based on the mutual agreement of the parties.
Right of withdrawal
1. In relation to the right of withdrawal and/or termination for the Customer, who is a consumer under the relevant legislation (in particular, point 3 of Section 8:1. (1) of Act V of 2013 on the Civil Code), the Parties state that, in view of the nature of the service provided by the Service Provider, the Customer may not exercise his right of withdrawal under Section 20 of the Government Decree, pursuant to Section 29 (1) c) of Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and enterprises (hereinafter referred to as the Government Decree), in respect of individual orders – which are non-prefabricated products that are produced by the Service Provider on the basis of the consumer's instructions or at the express request of the Service Provider, or products that the Service Provider has clearly tailored to the consumer.
2. In accordance with the provisions of Section 20 of the Government Decree, the Customer has the right to withdraw from the order within 14 days of concluding the contract without giving any reason for the products found on the Facebook page. The deadline expires 14 days from the day on which the Customer or a third party other than the carrier designated by the Customer takes over the product, and in the case of a product consisting of several items or pieces, it expires 14 days from the day on which the Customer or a third party other than the carrier designated by the Customer takes over the last item or piece.
3. If the Customer wishes to exercise his/her right of withdrawal/termination, he/she must send a clear statement containing his/her intention to withdraw/termination (by post or electronic mail) to the Service Provider at the following address: Papp Adrienn Niké e.v., registered office: 2040 Budaörs, Szabadság út 137., e-mail address: nike.niin.design@gmail.com, telephone number: +36202117593), or for this purpose he/she may also use the withdrawal/termination statement template available on the website.
4. The Customer exercises her right of withdrawal / termination within the deadline if she sends her declaration of withdrawal / termination before the expiry of the deadline specified above.
5. If the Customer withdraws from the contract, the Service Provider shall immediately, but no later than 14 days from the receipt of the Customer's declaration of withdrawal, refund all payments made by the Customer, including shipping costs (except for additional costs incurred due to the Customer choosing a shipping method other than the cheapest standard shipping method offered by the Service Provider). The Service Provider shall use the same payment method as the payment method used in the original transaction for the refund, unless the Customer expressly consents to the use of another payment method; the Customer shall not incur any additional costs as a result of the use of this refund method. The Service Provider may withhold the refund until the product has been received back or the Customer has provided proof that it has been returned: whichever is the earlier.
6. The Customer is obliged to return the product to the Service Provider without undue delay, but no later than 14 days from the date of notification of his/her withdrawal. The deadline is deemed to have been met if the product is sent before the 14-day deadline has expired.
The direct cost of returning the product is borne by the Customer.
6. The Customer may only be held liable for any depreciation in the product if it has occurred due to use exceeding that necessary to establish the nature, properties and operation of the product.
The Service Provider's scope of responsibility
1. The Service Provider is exempt from liability if it proves that the breach of contract was caused by circumstances beyond its control, unforeseen at the time of conclusion of the contract, and that it could not have been expected to avoid the circumstances or prevent the damage.
2. Defective performance: the Service Provider performs defectively if the service does not meet the quality requirements set out in the contract or by law at the time of performance. It does not perform defectively if the Customer was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract.
3. Warranty of Goods: Based on a contract in which the parties are obliged to provide mutual services, the Service Provider is liable for defective performance. Based on the warranty claim, at the Customer's option
a) may request repair or replacement, unless the fulfillment of the chosen warranty right is impossible or if it would result in disproportionate additional costs for the Service Provider compared to the fulfillment of another warranty claim, taking into account the value of the service in a faultless condition, the severity of the breach of contract and the harm caused to the Customer by the fulfillment of the warranty right; or
b) may request a proportionate reduction in the consideration, may repair the defect himself or have it repaired by someone else at the Service Provider's expense, or may withdraw from the contract if the Service Provider has not undertaken to repair or replace it, is unable to fulfill this obligation, or if the Customer's interest in the repair or replacement has ceased. There is no right to withdraw due to an insignificant defect. The repair or replacement must be carried out within a reasonable time limit, while protecting the Customer's interests.
4. In the event of an incorrect price, the contract will be concluded at the incorrect price indicated by the Service Provider.
Acceptance of the GTC
1. The Customer accepts these GTC when placing an order with the Service Provider. The Customer also acknowledges the GTC as binding on him/her.
2. The Customer further consents to the Service Provider processing the personal data provided and processed by the Service Provider during the order process via email or Facebook Messenger for the purpose, manner and extent in accordance with the GTC.
3. The Customer acknowledges that he is only entitled to place an order by accepting the GTC.
Data management
1. Information regarding personal data processed on the www.niin.hu website and during orders is contained in the Data Processing Information available on the Website.
Obligation to cooperate and provide information
1. The Service Provider and the Customer are obliged to cooperate and inform each other about the essential circumstances of the contract during the contract negotiations, upon conclusion, during its existence and upon termination.
2. The Customer can communicate with the Service Provider via email, Messenger or telephone.
Termination of the Contract
Either party may terminate the contract: with 15 days’ notice, without justification.
2. The Customer is entitled to terminate the contract with the Service Provider based on these GTC with 15 days' notice in writing without giving any reason.
3. The Service Provider is entitled to terminate its contract with the Customer with immediate effect, in writing, if the Customer seriously violates the provisions of these GTC.
4. The parties have the right to terminate the contract under these GTC at any time by mutual agreement in writing.
5. The Parties conclude the contract under these GTC for a fixed period of time.
Liability for Damages. The Customer shall fully compensate the Service Provider for damages arising from breach of contract, including:
a. direct damages,
b. consequential damages,
c. lost profits
d. costs of mitigation.
e. the costs incurred by the Service Provider to eliminate the damage.
Online Dispute Resolution
Customers may also use the EU Online Dispute Resolution platform: [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)
Amendment of the GTC
The Service Provider may amend these GTC unilaterally due to:
a) changes in circumstances,
b) legal changes,
c) business or technical reasons.
Amendments enter into force 8 days after publication.
Failure to object within 8 days constitutes acceptance.
If the Customer objects, the Service Provider may terminate the contract.
Final Provisions
1. Invalid provisions shall not affect the validity of the remaining terms.
2. Hungarian law (Civil Code) shall apply to matters not regulated herein.
3. These GTC are concluded for an indefinite period.
