GENERAL TERMS AND CONDITIONS (GTC)

https://delusionpark.com, https://lasery.hu effective from this date: 2022.10.01

Please read this document carefully before finalizing your order, because by finalizing your order, you accept the contents of these GTC!

The General Terms and Conditions („GTC”) contain the general terms and conditions for the use of the LASERY webshop operated by Delusion Park Kft. 3300 Eger, Faiskola u. 15., tax number: 25434491-2-10, as a service provider (“Service Provider”). Please use our services only if you agree with all of their points and consider them binding on you. This document will not be filed, it will be concluded exclusively in electronic form (it does not qualify as a written contract), and it does not refer to a code of conduct.

1. Imprint – Operator data:

Name: Delusion Park Ltd.

Headquarters: 3300 Eger, Faiskola u. 15.

Registration authority:

Company registration number: 10-09-035492

Tax number: 25434491-2-10

Representative: Csaba Lázár

Phone number: 302995551

Email: csabalazar@delusionpark.com

Website: www.delusionpark.com, www.lasery.hu

Hosting provider details:

Name: Andor Olosz (ARKLOGIC)

Headquarters: 2040 Budaörs, Tavasz Street 3. Building B.

Contact: helpdesk@arklogic.net

Tax number: 73090791-1-33

2. Basic provisions:

2.1 The Contract is governed by the provisions of Hungarian law, and in particular the following laws apply:

• • Act CLV of 1997 on Consumer Protection
  • Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society
  • Act V of 2013 on the Civil Code
  • Government Decree 151/2003 (IX.22.) on the mandatory warranty for durable consumer goods
  • Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses    
  • Decree No. 19/2014 (IV.29.) of the Ministry of National Economy on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business
  • Act LXXVI of 1999 on Copyright
  • Act CXII of 2011 on the right to informational self-determination and freedom of information
  • REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified geo-blocking and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market and amending Regulations 2006/2004/EC and (EU) 2017/2394 and Directive 2009/22/EC
  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
  • Government Decree 373/2021. (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods, the provision of digital content and the provision of digital services

2.2. Modifiability of the regulations.

2.3. The Service Provider reserves all rights to the website, any part thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the content appearing on the website or any part thereof without the written consent of the Service Provider.

2.4. Scope and acceptance of the GTC: The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter: GTC), in addition to the provisions of the relevant binding legal regulations. Accordingly, these GTC contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the deadlines for performance, the terms of delivery and payment, the liability rules, and the conditions for exercising the right of withdrawal.

The technical information necessary for using the Website, which is not contained in these GTC, is provided by other information available on the Website.

You are required to familiarize yourself with the provisions of these GTC before finalizing your order. By purchasing through our web store, you accept the provisions of these GTC, and the GTC forms part of the contract between you and the Service Provider in its entirety.

3. Range of products and services available for purchase:

We provide information about the essential features of the products available for purchase on the website in the descriptions of each product.

3.1. Correction of data entry errors – responsibility for the accuracy of the data provided

During the ordering process, you have the opportunity to modify the data you have entered before finalizing the order (by clicking the back button in the browser, the previous page will open, so the data entered can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you have entered is entered accurately, as the product will be invoiced and delivered based on the data you have provided. By placing your order, you acknowledge that the Service Provider is entitled to charge you for all damages and costs resulting from your incorrect data entry or inaccurate data. The Service Provider excludes liability for performance based on inaccurate data entry. Please note that an incorrectly entered e-mail address or the storage space belonging to the mailbox may result in the failure to deliver the confirmation and may prevent the conclusion of the contract.

3.2. Procedure in case of incorrect price

The following are considered to be clearly incorrectly displayed prices:

• • Price 0 HUF,
  • a price reduced by a discount, but incorrectly indicating the discount (e.g.: in the case of a 1000 HUF product, the product is offered for 100 HUF despite indicating a 50 % discount).

In the event of an incorrect price being indicated, the Service Provider will offer the option of purchasing the product at the real price, with which information the Customer can decide whether to order the product at the real price or cancel the order without any adverse legal consequences.

4. Registration/Purchase

Registration is NOT required for purchase.

4.1. Registration (optional, not mandatory)

If you wish to make a purchase, you must provide the data required for the purchase during the first purchase, including your name, billing and shipping information, email address, and password required for later login. Before finalizing the registration, it is also necessary to accept the registration conditions. The system confirms the registration by email. The buyer is obliged to keep the password provided confidential. If, after the buyer's unique identifier and password have been entered correctly during identification, the buyer's data has come into the possession of an unauthorized third party, the Data Controller is not liable for any resulting damages or disadvantages. By providing their email address, users consent to the operator/service provider sending them technical messages. The operator will delete the registered data from the system upon request. For security reasons, the deletion request will only be valid if the user confirms the deletion request by email, thus avoiding someone intentionally or by mistake deleting someone else from the registration database. The registration is identified by the email address, so an email address can only be registered once. 

Registration does not entail any obligations.

4.2. Purchase

By clicking on the product categories on the website, you can select the desired product family, and within it the individual products. By clicking on the individual products, you will find the product photo, article number, description, and price. In case of purchase, you must pay the price listed on the website. The products are marked with an illustrated photo. The accessories and decorative elements shown in the photos are not part of the product, unless they are separately highlighted in the product description.

Please note that we are not responsible for any typos or incorrect data!

5. Order process

After selecting the Product, you can click the "Add to Cart" button to add any number of products to the cart without incurring any obligation to purchase or pay, as adding them to the cart does not constitute an offer.

You can add products to your Cart without logging in, but you must log in before placing an order. You can only do this if you register. You can find registration under the following menu item. If you are a registered customer but have forgotten your password, use the password Login reminder. If you enter your registered email address here, your password will be sent to you by email. You can log in using the Login menu item. Enter your registered email address and password here, then press the login button. If you log in successfully, your registered email address and the log out button will appear in this window, which you can use to leave the store.

While using the website, you can check the contents of your cart at any time by clicking on the „View Cart” icon at the top of the website. Here you can remove selected products from the cart or change the quantity of the product. After clicking on the „Update Cart” button (or automatically), the system will display the information corresponding to the data you have changed, including the price of the products added to the cart.

If you do not wish to select additional products and add them to the cart, you can continue shopping by clicking the "Order" button.

„After pressing the "Order" button, the contents of the cart and the total purchase price of the products you have selected will be displayed. After this, you need to fill in your user details (Name, Address, delivery method, payment method, contact details).

After filling in the above text boxes, you can continue the ordering process by clicking the „Checkout” button, or you can delete/correct the data entered so far and return to the contents of the Cart by clicking the „Cancel” button. When you click the „Checkout” button, you will be taken to the „Order Overview” page. Here you can see a summary of the data you previously entered, including the contents of the Cart, user, billing and shipping data, and the amount you have to pay (you cannot change these data here, unless you click the „Back” button).

5.1. Finalizing the order (making an offer):

If you are satisfied that the contents of the shopping cart correspond to the products you wish to order and that your details are correct, you can complete your order by clicking on the „Order” button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Service Provider. In the case of orders subject to these GTC, you are considered the bidder.

By pressing the „Order” button, you expressly acknowledge that your offer shall be deemed to have been made and that your statement – if confirmed by the Service Provider in accordance with these GTC – entails a payment obligation. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Service Provider within 48 hours in accordance with these general terms and conditions, you are released from your offer.

5.2. Order processing, conclusion of the contract

You have the option to place your order at any time. The Service Provider will confirm your offer by e-mail no later than the working day following the submission of your offer. The contract is concluded when the confirmation e-mail sent by the Service Provider becomes available to you in your email system.

6. Method of payment for the ordered product and delivery fee

6.1. Payment method for the ordered product

Payment by bank transfer in advance: if we have already confirmed your order, you will find our bank account number and order number in the confirmation email, which must be referred to in the notes / notice section of the transfer. If the transferred amount is credited to our bank account, only then will we ship the product with the courier service.
Personal delivery: In this case, you pay the purchase price of the product in HUF, in cash, at the operator's headquarters/location or at an authorized Collection Point.
Payment by bank card is possible for holders of the following valid and effective bank cards: (any bank card accepted by PayPal)
Cash on delivery: The product will be delivered by our contracted courier service to the address you provide, where the invoice price of the product or products must be paid in cash to the courier. In the case of a cash on delivery order, the cash on delivery fee will be added to the shipping cost.
In the case of payment by cash on delivery, the ordered product must be paid in cash to the delivery person upon receipt of the package. 
The total amount to be paid includes all costs based on the order summary and confirmation letter. The invoice and warranty card are included in the package. Please inspect the package in front of the delivery person upon delivery, and if you notice any damage or shortages on the products, ask for a report and do not accept the package. We cannot accept subsequent complaints without a report.

6.2. Shipping methods and pricing

Shipping: DHL courier service

Regardless of order value: 1500 HUF
In the case of a cash on delivery order, the cash on delivery fee will be added to the value of the order in addition to the shipping cost.
Delivery time:

All of our products are made to order, so the products take at least 4 to 14 business days from the time of order confirmation.

7. Right of withdrawal

CONSUMER INFORMATION IN ACCORDANCE WITH GOVERNMENTAL REGULATION 45/2014. (II. 26.)

7.1. Information on the consumer buyer's right of withdrawal

According to Section 8:1, Paragraph 1, Point 3 of the Civil Code, only a natural person acting outside the scope of his profession, independent occupation or business activity is considered a consumer, so legal entities cannot exercise the right of withdrawal without justification!

The consumer has the right to withdraw from the contract without giving any reason in accordance with Article 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise his right of withdrawal

• • in the case of a contract for the sale of a product
  • the product,
  • when buying and selling multiple products, if the individual products are provided at different times, the last product provided will be the one,

The consumer or a third party designated by the consumer, other than the carrier, may exercise the right of withdrawal within a period of 14 days from the date of receipt of the goods.

The provisions of this section do not affect the consumer's right to exercise the right of withdrawal specified in this section during the period between the date of conclusion of the contract and the date of receipt of the product.

If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the contract is concluded, which terminates the binding nature of the offer for the conclusion of the contract.

7.2. Declaration of withdrawal, exercise of the consumer's right of withdrawal or termination

The consumer may exercise his right provided for in Section 20 of Government Decree 45/2014. (II. 26.) by means of a clear declaration to this effect or by using a declaration template that can be downloaded from the website.

Please return the cancellation form and the product to the following address:

Delusion Park Ltd.

3300 Eger, Egri csillagok u. 59.

7.3. Validity of the consumer's declaration of withdrawal

The right of withdrawal shall be deemed to have been exercised within the deadline if the consumer sends his/her declaration within the deadline. The deadline is 14 days.

The consumer shall bear the burden of proving that he has exercised his right of withdrawal in accordance with this provision.

The Service Provider is obliged to immediately confirm the consumer's withdrawal statement on an electronic data medium upon its receipt, if it also provides the consumer with the right to exercise the right of withdrawal on its website.

7.4. Detailed rules of the right of withdrawal – Service provider's refund cost and method, additional costs, right of retention, costs related to return, consumer liability for depreciation

If you withdraw from this contract, we will reimburse you for all payments received from you, including the cost of delivery (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us). We will use the same payment method as the one used for the original transaction, unless you have expressly agreed to use a different payment method; you will not incur any additional costs as a result of using this method of reimbursement. We may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent them back, whichever is the earlier.

You must return or hand over the goods to us without undue delay, but no later than 14 days from the day on which you communicate your withdrawal from the contract. The deadline is met if you send the goods back before the 14-day deadline has expired. We will bear the costs of returning the goods. You are only liable for any diminished value of the goods if this is due to use that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

You can exercise your right of withdrawal by returning the Withdrawal/Termination Form.

(fill in and return only if you intend to withdraw from/termination of the contract) 

To: Delusion Park Ltd. email: hello@delusionpark.com

The undersigned declares that I/we exercise my/our right of withdrawal/termination in relation to the contract for the sale of the following goods or the provision of the following service:

Date of contract conclusion/date of receipt:

Name of consumer(s):

Consumer(s) address:

Signature of the consumer(s) (only in case of a declaration made on paper):

Date

7.5. The right of withdrawal cannot be exercised in the following cases:

The Service Provider expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014 (II.26.):

• • in the case of a contract for the provision of a service, after the performance of the entire service, if the undertaking has commenced 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 performance of the entire service;
  • in respect of a product or service whose price or fee is subject to possible fluctuations in the financial market beyond the control of the undertaking, even during the period specified for exercising the right of withdrawal;

  • in the case of a non-prefabricated product that has been manufactured to the consumer's instructions or at his express request, or in the case of a product that has been clearly tailored to the consumer;

  • for products that are perishable or have a short shelf life;
  • in respect of a product in sealed packaging that cannot be returned after opening after delivery for health or hygiene reasons;
  • in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
  • in respect of an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the undertaking, and whose price was agreed upon by the parties when concluding the sales contract, but the contract is only fulfilled after the thirtieth day from the conclusion;
  • in the case of a business contract where the business visits the consumer at the express request of the consumer to carry out urgent repairs or maintenance work;
  • in respect of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
  • with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
  • in the case of contracts concluded at public auction;
  • in the case of a contract for the provision of accommodation, other than a residential service, a contract for transport, car rental, catering or a service related to leisure activities, if a deadline or time limit specified in the contract has been stipulated;
  • with regard to digital content provided on a non-tangible medium, if the business has commenced performance with the express prior consent of the consumer and, at the same time as this consent, the consumer has declared his acknowledgement that he will lose his right of withdrawal after commencement of performance.

8. Warranty, guarantee, warranty of materials

8.1. In what cases can a User exercise his right to a warranty?

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

8.2. What rights does the User have based on his warranty claim?

The User may – at his/her choice – make the following claims under the warranty: he/she may request repair or replacement, unless the fulfillment of the claim chosen by the User from these is impossible or would entail disproportionate additional costs for the enterprise compared to the fulfillment of his/her other claim. If the repair or replacement was not requested or could not be requested, he/she may request a proportionate reduction in the consideration or the defect may be repaired at the enterprise’s expense. The User may also repair the defect or have it repaired by someone else or – in the last resort – may withdraw from the contract. He/she may also transfer his/her chosen warranty right to another one, but the User shall bear the cost of the transfer, unless it was justified or the enterprise gave reason for it.

8.3. Within what deadline can the User assert his/her warranty claim?

The user (if considered a consumer) is obliged to report the defect immediately after its discovery, but no later than within two months of the discovery of the defect. However, we would like to draw your attention to the fact that you can no longer enforce your warranty rights after the two-year (1-year in the case of a business) limitation period from the performance of the contract.

8.4. Against whom can you assert your warranty claim?

The User may assert a warranty claim against the Service Provider.

8.5. What other conditions are there for enforcing your warranty rights (if the User qualifies as a consumer)?

Within six months of delivery, there is no other condition for asserting a warranty claim other than notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from delivery, the User is obliged to prove that the defect recognized by the User already existed at the time of delivery.

Product warranty

8.6. In what cases can a User exercise his/her product warranty rights?

In the event of a defect in a movable item (product), the User may, at his/her choice, assert a warranty claim for materials or a product warranty.

8.7. What rights does the User have based on his product warranty claim?

As a product warranty claim, the User may only request the repair or replacement of the defective product.

8.8. In what cases is the product considered defective?

A product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description provided by the manufacturer.

8.9. Within what deadline can the User assert his product warranty claim?

The User may assert his/her product warranty claim within two years (1 year in the case of a business) from the date the product was placed on the market by the manufacturer. After this deadline, he/she loses this right.

8.10. Against whom and under what other conditions can you assert your product warranty claim?

You may exercise your product warranty claim exclusively against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove the defect of the product.

8.11. In what cases is the manufacturer (distributor) exempt from its product warranty obligation?

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

• • the product was not manufactured or placed on the market as part of its business activities, or
  • the defect was not detectable at the time of placing on the market according to the state of science and technology, or
  • the product defect results from the application of a law or mandatory official regulation.

The manufacturer (distributor) only needs to prove one reason to be exempted. Please note that you cannot assert a warranty claim and a product warranty claim simultaneously, in parallel, for the same defect. However, if your product warranty claim is successfully asserted, you may assert a warranty claim against the manufacturer for the replaced product or repaired part.

The product warranty and the mandatory guarantee apply only to buyers who are considered consumers.

9. Miscellaneous provisions

In matters not regulated in these general terms and conditions, the provisions of the Civil Code (Act V of 2013) and, in the case of consumer contracts, the provisions of Government Decree 45/2014 on distance contracts shall apply.

9.1 Sales abroad

The Service Provider does not differentiate between Customers within and outside the European Union when using the Website. Unless otherwise provided in these GTC, the Service Provider ensures the delivery/receipt of the ordered Goods within the territory of Hungary.

The provisions of these GTC also apply to purchases outside Hungary, with the exception that, based on the provisions of the relevant regulation, a consumer, within the meaning of this point, is a consumer who is a citizen of a Member State or has a place of residence in a Member State, or a business that has a place of business in a Member State and purchases goods or uses services within the European Union exclusively for end use, or acts with such intention. A consumer is a natural person who acts for a purpose that is outside the scope of his commercial, industrial, craft or professional activity.

The language of communication and purchase is primarily Hungarian; the Service Provider is not obliged to communicate with the Customer in the language of the Customer's Member State.

The Service Provider is not obliged to comply with any non-contractual requirements set out in the national law of the Member State of the Buyer in relation to the relevant Goods, such as labelling or sector-specific requirements, or to inform the Buyer of such requirements.

Unless otherwise stated, the Service Provider applies Hungarian VAT to all Goods, provided that in the case of a taxable person within the EU, the Service Provider sells the ordered product without VAT by providing the EU Tax Number (VAT).

The Buyer may exercise his rights in accordance with these GTC.

If an electronic payment solution is used, the payment will be made in the currency specified by the Service Provider,

The Service Provider may withhold the delivery of the Goods until it is satisfied that the price of the Goods and the delivery fee have been paid successfully and in full using the electronic payment solution (including the case where, in the case of Goods paid for by bank transfer, the Buyer transfers the purchase price (delivery fee) in the currency of his/her member state and the Service Provider does not receive the full amount of the purchase price due to the exchange rate, bank commissions and costs). If the price of the Goods has not been paid in full, the Service Provider may call the Buyer to supplement the purchase price.

In order to deliver the Goods, the Service Provider also provides delivery options available to Hungarian Customers to non-Hungarian Customers.

If the Buyer may request the delivery of the Goods to the territory of Hungary or to the territory of any other European Union member state according to the GTC, the non-Hungarian buyer may also request this by any of the delivery methods specified in the GTC.

If the Customer can choose to personally collect the Goods from the Service Provider according to the GTC, this can also be used by non-Hungarian Customers.

Otherwise, the Buyer may request to arrange the shipment of the Goods abroad at his own expense. Hungarian Buyers do not have this right.

The Service Provider fulfills the order after payment of the shipping fee. If the Customer does not pay the shipping fee to the Service Provider or does not arrange their own shipping by the pre-agreed date, the Service Provider will terminate the contract and refund the prepaid purchase price to the Customer.

10. Complaint handling procedure (for users who are considered consumers)

10.1. Handling of complaints

More information about the Conciliation Bodies is available here: http://www.bekeltetes.hu

More information about the regionally competent Conciliation Bodies is available here:

https://bekeltetes.hu/index.php?id=testuletek

Online dispute resolution platform

The European Commission has created a website where consumers can register and settle their disputes related to online purchases by filling out a request, avoiding court proceedings. This way, consumers can enforce their rights without being hindered by distance, for example.

If you wish to make a complaint about a Product or service purchased online and do not necessarily want to go to court, you can use the online dispute resolution tool.

On the portal, you and the trader against whom you have a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.

The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

11. Copyright

11.1. Pursuant to Section 1 (1) of the Act LXXVI of 1999 on Copyright (hereinafter: the Act), the website is considered a work of authorship, and therefore all parts of it are protected by copyright. Pursuant to Section 16 (1) of the Act, the unauthorized use of graphic and software solutions, computer programs on the website, or the use of any application with which the website or any part of it can be modified is prohibited. Any material may be taken from the website and its database only with the written consent of the copyright owner, with reference to the website and indication of the source. The copyright owner: Delusion Park Kft.

12. Data protection

The website's data management information is available on the following page: https://delusionpark.com/adatkezeles/

Eger, 2022.10.01