General Contractual Conditions

GENERAL CONTRACTUAL CONDITIONS

The current General Contractual Conditions (hereinafter referred to as GCC) contains the obligations of Severus Europe Limited Liability Company (hereinafter referred to as: the Provider and the customer (hereinafter referred to as Customer) using the electronic commerce services provided by the Provider through the company www.optiline.co.uk website (hereinafter referred to as Website). (Provider and Customer hereinafter jointly referred to as Parties). The GCC apply to all legal transactions and services made through www.optiline.co.uk.

The technical information required for using the Website or the online shop not provided in the GCC is available among the additional information section of the Website.

The contract language is English.

The contract is considered a written contract, the Provider registers them under the order number, and thus they can be accessed and viewed later.  

The Provider does not comply with any Code of Conduct provisions.

By using the Website, the OptiLine online shop and placing and order, the Customer acknowledges and accepts the following:

1. Provider details:

Company name: Severus Europe KFT.

Headquarters, mailing address: 6723 Szeged, Szilléri sugárút 38/A III/10

Customer service office location: 6723 Szeged, Szilléri sugárút 38/A III/10

Opening hours: (on weekdays: 9.00-16.00 GMT +1)

Customer service telephone: +36 (70) 559-42-56

Email address: office@optiline.co.uk

National tax number: HU24803474

Commercial register number: 06-09-020815

Court of registration: [Szeged Commercial Court]

Bank account: [10700062-68359940-51100005]

Warehouse provider: [Mainstream D.O.O., Studentski trg 4, Belgrade, Serbia Tax indentification number: 104037252 | Company registration number: 20076682]

2. General information, the conclusion of the contract between the Parties

The GCC applies to all electronic commerce services provided in Hungary through the electronic shop via the Website (hereinafter referred to as OptiLine Online Shop). In addition, the current GCC applies to all electronic commerce transactions in the territory of Hungary established between the Parties defined in the GCC.

Purchase in the OptiLine Online shop is possible by ordering online (electronically), as defined in the current GCC. The Provider does not accept or execute orders places by phone or email. 

The services of the OptiLine Online shop are available to all Customers, even without registration.

3. Registration

When purchasing in the OptiLine Online shop, no pre-registration is required. The Provider does not provide a registration interface either on the Website or during the ordering process. When ordering a product, a window appears when clicking on the “Cart” button. The empty fields in this window must be filled in with the Customer’s personal information and a real email address and phone number. By placing an order on the Website the Customer accepts the terms and conditions of this GCC and of the Privacy Statement published on the Website and consents to the data processing contained in the Privacy Statement.

The Provider shall not be liable for any delays due to the Customer’s misinterpretation and/or inaccuracy in data or any other error.

4. Ordering

The essential characteristics and features of the purchasable goods and the respective instructions for their use can be read from the information page of the specific item, while the detailed description of the product can be found in the instruction manual accompanying the product.  If the product has more favourable features than the ones described on the Website or in the manual, it is considered to be fulfilment of contract. 

If the Customer has any questions about the goods prior to the purchase, the Provider can provide help through the contacts indicated in Article 1.

The Provider will accept the order placed by the Customer through the OptiLine Online Shop only and only if the Customer completes all the fields required for the order. (If the Customer fills a field incorrectly or incompletely, they will receive an error message from the Provider.) The Provider is not liable for any delays due to the Customer’s misrepresentation and/or inaccurate data or any other problems. The provided images are sometimes illustrations and any deviations from them are not the responsibility of the Provider.

For placing an offer in the OptiLine Online shop, use the Add to Cart.  The Customer can place the desired product in the Cart by clicking on the individual item and then on the option “Add to cart” on the following page containing the detailed information about the product. It is possible to modify the content of the cart by clicking on the Add to Cart link in the top right corner of the Website where it is possible to specify the desired number of items and the type of products can be corrected or removed. If the Customer finds everything in order in the Add to Cart, the Customer has to provide all information necessary for placing an order in the Add to Cart section.

In order to place an order, the Customer has to provide the following information on the Website:

Delivery information:

-Name

-Postcode, 

-City,

-Country,

-Address: Street, number,

-Email address

-Telephone number

The Customer has to choose among the available shipping options in the “Delivery options” section of the menu and a preferred way of payment in the “Payment options” section. 

If the Customer has reviewed the content of the Add to Cart and checked the provided personal information, there is a possibility to add a comment to the order. By clicking on the “Place Order Now” link the order can be finalized and sent to the Provider.

Note that all information fields marked with an asterisk on the order interface are mandatory.

When the order is received, the Provider reserves the right to delete the data and cancel the order placed with them if the authenticity of the Customer’s data is questionable or imprecise. 

To continue the purchase it is important that the Customer accepts this General Contractual Conditions and the Privacy Statement by ticking the check box on this page.

After clicking on the “Place Order Now” button at the bottom of the page the Customer can finalize and submit their order. The Provider informs the Customer about the success of the order on the following interface where the identification number of the order placed by the Customer can also be found. The order is sent by clicking the “Place Order Now” button, which creates a payment obligation to the Customer.

5. Product price

The prices of the products found on the Website include gross sales tax and other public debts (in gross). 

The purchase price shown next to the product include the delivery or shipping cost. No separate packing costs will be charged.

The prices of products are displayed in British Puonds (GBP).

The total amount payable includes all costs based on the order summary and confirmation letter, including the cost of home delivery if that was the option chosen by the Customer.

The Provider reserves the right to change the prices of the products that can be ordered on the Website, however, the modification takes effect the same time as it appears on the Website. The modification does not affect the purchase price of the products already ordered negatively.

The Provider is not liable for any misrepresentation of the price displayed on the Website or an obviously unrealistic price, significantly different from the price of the product (0 GBP.) due to the error of the system and/or negligence. In such cases, the Provider is not obligated to sell the product to the Customer at the incorrect price shown on the Website. In case an incorrect price is indicated, the Provider immediately informs the Customer by email that the price shown next to the product is incorrect and offers the Customer to purchase the product at its real price. In such a case, the Customer may decide to order the product at its real price or to cancel the order without any legal consequences.

6. Correcting data entry mistakes

The Customer can, at any time during the order period and before submitting the order to the Provider, have access to the Website and correct the data entry mistakes on the ordering interface (e.g. removing a product from the Basket). Examples of a data entry mistake are a wrongly entered quantity, misspelled order information (e.g.delivery address) etc.

7. Offer validity, confirmation email

After the Provider receives an order, the Customer is sent a feedback without delay by means of an automatic confirmation email. This confirmation email contains the information provided by the Customer during the purchase or registration (billing and delivery information), the order identification number, the date of the order, a list of ordered items,   their quantity, the price of the product(s), the delivery/shipping cost and the amount to be paid.

If the Customer’s order has already been sent to the Provider and the Customer notices a mistake regarding the information in the confirmation email, they must report it to the Provider within 1 day in order to avoid unwanted orders being delivered. 

The Customer shall be exempt from the offer validity if they do not receive a confirmation email regarding their order from the Provider without delay or within 48 hours.

This confirmation email from the Provider is considered to be the acceptance of the order placed by the Customer and becomes a valid contract between the Provider and the Customer.

The order is considered to be a contract concluded electronically in accordance with Act V of the Civil Code of 2013 on the Electronic Commerce Services and Act CVIII of the 2001 Law regarding the electronic commerce services and certain aspects of the information society services. The contract is governed by Government Decree 45/2014 (II. 26.) regarding the detailed rules for contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Council on consumer rights.  

 8. Delivery and payment terms

8.1. Payment methods

Payment via PayPal: Instant payment of the total amount is possible via the PayPal system as well. The system uses a secure channel and is automatic. PayPal only receives the card information required for the payment transaction provided by the Customer on a 128-bit SSL encrypted payment page.  The financial service provider does not receive notification about personal information and the content of the order from the Provider. On the other hand, the Provider does not receive information about the data content of the financial service provider. Following the payment, the Customer is informed about the transaction result by the financial service provider. For the card payment, the Customer’s Internet browser must support SSL encryption. The amount paid as the total amount of the order is immediately pre-authorized on the Customer’s account.  If the Customer placed their order for a personal collect, the total amount of the order can be paid at the shop with a credit card.

 

8.2. Delivery

The delivery of the placed order is dispatched by UPS courier service.

The courier service delivers the orders from Monday to Friday, from 08:00 to 17:00. If the Customer is not at the specified address during this period, it is advisable to provide a delivery address where the Customer can surely receive the ordered product during the delivery period.

The Provider sends a notice on the current position of the package to the Customer via email to the email address provided in the registration.

If the customer is not available at the specified address at the time indicated by the courier service and the delivery of the package fails, the courier will leave a notification at the delivery address. With the identification number found on the notice, the Customer can negotiate a new delivery address and time at the courier service. The courier service will make 1 more attempt to deliver the ordered product. 

The courier service makes a total of 2 delivery attempts, however, if the second delivery fails as well, for reasons attributable to the Customer, then the Provider will attempt the third delivery once again only if the Customer has already remitted the costs of the order to the Provider and the amount has been credited to the Provider’s account.

If the Customer notices a product or package damage during the delivery takeover, they should not receive the product from the courier but return it. If, at the time of receiving the delivery, the package or the product is visibly damaged, and the damage has occurred prior to receiving the product, the Provider shall take back the product free of charge. The Provider is not responsible for any damage that has occurred after receiving the delivery! 

Delivery time

The delivery deadline is 1-5 working days.

In the absence of a different agreement of the Parties, the Provider is obliged to deliver the product to the Customer without delay, at least within thirty days following the conclusion of the contract.

In case of delays attributable to the Provider, the Customer is entitled to set a new deadline. Should the Provider fail to comply within the new deadline, the Customer is entitled to terminate the contract.

The Customer is entitled to terminate the contract without setting a new deadline if:

a) the Provider has refused to perform the contract

b) the contract was to be concluded by the parties at the time agreed or at the execution time specified by the nature of the service and not at another time.

The Provider does not provide an opportunity for the personal collection of orders.

9. The right, way and consequences of withdrawal

The provisions of this clause apply only to a natural person acting outside their profession or business that purchases, orders, receives, uses or claims goods, as well as the addressee of the commercial communication (hereinafter referred to as Customer).

In accordance with the 45/2014 (II. 26.) Government Decree on the detailed rules of contracts between consumers and businesses, in case of a contract of sale, the Customer is entitled to withdraw from the contract of sale within thirty (30) days of the delivery of:

a) the product,

b)  the last product delivered in case of multiple deliveries,

c) the last item or piece in case the products consists of a multi-part product,

d) the product agreed to be provided on a regular basis within a specified period of time, delivered on the first occasion by a third party not designated by the Customer.

The Customer is entitled to exercise their withdrawal rights through the period between the date of entering into the sales contract and the date of the delivery.

If the Consumer wishes to exercise their right of withdrawal, they must provide a clear statement containing the intention of withdrawal and send it to the Provider by one of the means of communication (and contacts) listed in the first section of the current GCC (e.g. by post, fax or email). For this purpose, the Customer may use the withdrawal statement template available here The Customer exercises their withdrawal rights if they send their withdrawal statement to the Provider before the above defined deadline expires (even on the 30th day).

The Customer shall be required to demonstrate that they have exercised their right of withdrawal in accordance with the provisions set out in Article 9.

In both cases, the Provider shall immediately confirm receipt of the statement in email.

In case of written cancelation, the withdrawal statement sent to the Provider within 30 calendar days (even on the 30th calendar day) is considered valid.

In case of notifications by post, the date of the transmission, whereas in the case of an email or fax, their send times shall be taken into account by the Provider when calculation of the warranty period. The Customer shall send their statement by registered, so that the date of transmission can be validated.

In the event of withdrawal, the Customer is obliged to return the previously ordered product to the address of the Provider indicated in the first section of the GCC without undue delay, but no later than 30 days from the date of their withdrawal statement. The deadline shall be deemed to be fulfilled if the Customer returns the product (by post or delivery) before the expiry of the 30-day deadline.

The cost of the return of the product to the address of the Provider shall be borne by the Customer, unless the Provider has accepted to bear these costs. However, the Provider will not take over the return costs from the Customer. The product is to be returned by the Customer to the address of the Provider indicated in the first section of the GCC. The Customer is asked to return all complementary items (warranty ticket, manual, invoice, gift box, promotional gift) originally received with the product.

The right of withdrawal may also be exercised if the Customer receives the product ordered online in person in one of the shops.

The Provider cannot receive a collect package. The Customer shall not be charged other costs regarding the withdrawal, only the cost of returning the product.

If a Customer withdraws from the Contract, the Provider shall, without delay, but no later than within 30 days following the receipt of withdrawal statement of the Customer, refund all remuneration paid by the Customer, including the cost of delivery, except for the extra costs resulting from the Customer’s choice of delivery other than the cheapest way of transport offered by the Provider. The Provider is entitled to withhold the refund until they have received the returned product or until the Customer has verified that they have returned it – the Provider takes into account the earlier date.

The Provider applies the same payment method for the refund as the one used during the original transaction, except when the Customer specifically insists on a different method, in which case the Customer does not bear any additional costs.  

The Customer is only liable for the depreciation in value of the product when this is due to using the product beyond its purpose, properties and operation. The Provider may therefore demand a reimbursing of the depreciation in value of the product due to using the product beyond its purpose, properties and operation if the Customer has decided to terminate the service contract prior to the expiry of their withdrawal rights.

9.1. Cases in which the right of withdrawal does not apply to the Customer:

1. When the non-premanufactured product was assembled based on the instructions and on the demand of the Customer or when the product was clearly customized for the Customer.

2. When the product or service whose price or charge is influenced by the financial market and not by the Provider, depending on potential fluctuation within the 30-day withdrawal period.

10.  Warranty/guarantee

10.1. Warranty

10.1.1. Liability for defects

Should the Provider fail to provide adequate service, the Customer may claim liability for defects. In the case of a consumer contract, the Customer may validate their warranty claims for a product defect within a period of  six month from the date of receipt, provided the faults already existed at the time of delivery. Once the six-month period expires, the Customer’s right to claim their warranty rights can no longer be enforced.

If the contract is not with the Customer, the claimant may enforce their warranty claims within three month from the date of receipt.

The Customer may, at their option, request repair or replacement unless the demand of the Customer is impossible to meet or if would impose disproportionate additional costs on the Provider. Should the Customer not require or cannot require replacement, they may claim a provisional reduction of the fee or the Customer may repair the defect (or have it repaired) at the Provider’s expense, or terminate the contract. The Customer is not entitled to withdraw from the contract due to an insignificant defect.

The Customer may switch from two warranty services, however, they are obliged to bear the costs of this action, except if they had a valid reason to take this action, or in case the Customer was forced to do so due to the actions of the Provider.

The Customer is obliged to inform the Provider immediately after the discovery of the fault but not later than within two months from the discovery of the fault.

The Customer enforces their claim directly against the Provider.

Within six months from the execution of the contract, the Customer has no other obligations beyond informing the Provider about the fault in order to make a valid defect liability claim, if they can prove that they had purchased the product from the Provider (by invoice or a copy of the invoice). In such a case, the Provider shall only be exempted from the warranty if they undermine such an argumentation, i.e. they prove that the defect or fault of the product has occurred after the Customer was delivered the product. Should the Provider prove that the defect was caused for any reason attributable to the Customer, they shall not be obliged to grant the warranty claim of the Customer. After the expiration of six months from the date of delivery, however, the Client shall be obliged to prove that the defect noticed by the Customer had already existed at the time of delivery.

If the Customer enforces their warranty claim for a distinct part of the product (for the specified defect), the warranty claim shall not be deemed valid for other parts of the Product.

10.1.2. Product warranty

In the event of a damage or defect in the product (movable item) the client who is considered a Customer – at their own choice – may claim liability for defects as explained in section 10.1.1. 

However, the Customer cannot simultaneously claim liability for defects and product warranty due to the same fault. In the event of a valid product liability claim, the Customer can claim a replacement or repair of the previously replaced product.

The subject of a valid product liability claim can only be a faulty product. The proof of the defect must be given by the Customer.

A product is considered to be defective if it does not meet the quality requirements in force when the product is placed on the market or when it does not have the characteristics specified by the manufacturer.

The Customer may claim product warranty within two years from the date of placing the product on the market. After this deadline, the Customer loses this entitlement. The Customer shall immediately notify the manufacturer about the fault upon its discovery. Two months following the moment of the discovery of the fault, the notification shall be considered without delay. The damage resulting from the delay of the notification shall be the responsibility of the Consumer only.

The product liability claim placed by the Customer may be exercised against the manufacturer or the distributor of the movable item (product).

The manufacturer or distributor shall be exempted from their product liability obligation only if they can demonstrate that:

- the product has been manufactured or placed on the market non-commercially, 

- the fault was not scientifically or technologically recognizable at the time of placing the product on the market,

- or that the product defect is a result of the application of legislation or mandatory official regulations.

It is sufficient that the manufacturer or distributor provide one reason.

10.2. Warranty

In case of defective service, the Provider is obliged to provide guarantee in accordance with the 151/2003. (IX. 22.) Decree by the Government of Hungary on the statutory guarantee for certain durable consumer goods. 

Regulations regarding the statutory guarantee for certain durable goods are contained in the 151/2003. (IX. 22.) Decree by the Government of Hungary.

The scope of the Decree applies only to products sold under the NEW consumer contract concluded in EU and which are listed in the Annex to the Decree (e.g. sunglasses of over a 35 GBP selling price).

The compulsory warranty for durable consumer goods listed in the Annex to the Decree is 1 year starting from the date of delivery of the product to the Customer or in case of commissioning by the Provider or their agent, the date of commissioning.

The Provider shall only be exempted from the warranty obligation if they prove that the cause of the fault after the delivery.

Warranty rights may only be enforced by a Client who is qualified as a consumer.

The fault is not covered by warranty if it occurred after the product was delivered to the Customer, for example, if the fault was caused by:

-incorrect use, disregarding the operating instructions from the manual,

- incorrect storage, improper handling, damage,

- elemental damage.

In the case of a fault covered by the scope of the warranty:

- The Customer may primararly – at their choice - request the repair or replacement of the product, unless the required action of warranty is impossible, or if, compared to other warranty actions, the chosen method means a disproportionate additional cost for the Provider, taking into account the value of the product in flawless condition, the breach of the contract and the fulfillment of the warranty claim affecting the interests of the Customer.

- Should the Provider refuse to repair or replace the product, repair or replace the product within the shortest period of time considering the interests of the Customer, or if the Customer does not show interest for a repair or replacement, then, at their choice, the Customer may request a proportional reduction of the purchase price; the Provider may repair the product or have it repaired or terminate the contract. In case of insignificant defect there, there is no right of withdrawal.

The repair or replacement – taking into consideration the features of the product and its intended purpose – shall be performed by the Provider within a reasonable time period, taking the Customer’s interests into account. The Provider shall endeavour to perform the repair or replacement of the product within fifteen days.

During the repair, only new parts may be installed in the product.

The time during which the Customer is unable to use the product is not covered by the warranty period. The warranty period will be resumed in the case of replacement (or repair) of the product. If a fault as a consequence of the replacement (or repair) arises, the warranty period is resumed once again.

The costs regarding the performance of warranty obligations shall be borne by the Provider.

However, the Customer cannot simultaneously claim liability for defects and product warranty due to the same fault.  Irrespective of these limitations, the rights of the Customer arising from the warranty shall be respected as set out in sections 10.1.1. and 10.1.2.

Thus, the warranty does not affect the enforcement of the rights of the Customer, in particular to claim liability of defect or compensation. 

If a dispute arises between the Parties that cannot be settled peacefully, the Consumer may initiate conciliatory arbitration in accordance with section  11.2.

10.3. Validation of warranty and warranty claims

The Customer may report their warranty claims to the Provider through the contact details specified in Article 1.

11. Law enforcement options

11.1. Place, time and method of complaint administration

The Client may file a complaint regarding the product or the Provider with one of the contacts listed below:

Address: 6723 Szeged, Szilléri sugárút 38/A III/10

Office hours: Monday to Friday: 9.00-16.00

Telephone: (70)559-42-56

Telephone support is open: on workdays: 9.00-16.00

Contact person: Csaba Góbor, manager

E-mail: office@optiline.co.uk

The Provider, if possible, immediately rectifies any verbal complaint.  If there is no immediate remedy for the verbal complaint due to its nature or if the Client is not satisfied with the handling of their complaint, the Provider shall record the complaint – which is then maintained together with the substantive reply through a period of five years.

The Provider is bound to deliver a copy of the record to the Client in the office in case of a verbal complaint made in person or if this is not possible, to act according to the rules on written complaints detailed below:

In case of a verbal complaint via telephone or other means of electronic communication, the Provider shall send a copy of the record to the Client simultaneously with the substantive reply.

In all other cases, the Provider proceeds in accordance with the written complaint regulations.

Complaints made by phone or other means of communication receive a unique identification number, which later simplifies the retrieval of the complaint for the Provider.

The Provider responds substantively to written complaints received within 30 days. Within the meaning of the current Contract, the measure means postal delivery.

In case of complaint rejection, the Provider informs the Client of the reason for the rejection.

11.2. Other enforcement possibilities

If a potential dispute between the Provider and the Client is not resolved during negotiations with the Provider, the following enforcement possibilities are open to the Client:

- Lodging a complaint with the Consumer Protection Authority,

-Initiating a procedure of conciliation with the Conciliation Body:

Conciliation Body of Csongrád County

Address: 6721 Szeged, Párizsi krt. 8-12.

Telephone: (62) 554-250/extension no. 118

Fax : (62) 426-149

Names: László Dékány, Zoltán Jenei

E-mail: bekelteto.testulet@csmkik.hu.

- Initiating court proceedings

Regarding the regulations of the Conciliatory Body, the following are considered consumers: a legal non-governmental organization, a church, a condominium, an apartment cooperative, micro-, small- and medium-sized enterprise, which purchases, orders, receives, uses, utilises or leads a commercial communication regarding the goods or an addressee of an offer.

12. Responsibility

The information displayed on the Website were uploaded in good faith, they serve informational purposes only. The Provider is not responsible for the accuracy and completeness of the information.

The Customer may use the Website at their own risk and accepts that the Provider is not liable for any material or non-material damages arising out of its use. The Provider is not liable for any intentional, serious negligent or criminal offences, or for any events that pose a risk on the Customer’s life or physical integrity.

The Provider excludes any liability for the behaviour of the users of the Website. The Clients are fully and exclusively responsible for their own conduct, in which case the Provider fully cooperates with the authorities in order to detect infringement.

The service providing Website contains links which lead to Websites of other providers. The Provider is not liable for the privacy policy and other activities of other providers.

The content that the Clients may have access to during the use of the Website may be but is not required to be verified by the Provider and the Provider is not liable for the published content and is not bound to look for signs of illegal activity.

Due to the global nature of the Internet the Client agrees to use the Website in accordance with the provisions of the relevant national legislation. If any activity related to the use of the Website is not permitted under the law of the state of the Client, the Client shall be solely liable for its use.

If the Client detects any objectionable content on the Website, they are bound to promptly report it to the Provider. If the Provider, in their measure of grace, finds the report well-founded, they are entitled to immediately delete or modify the information.

13. Copyright

The Website is copyrighted. The Provider is the copyright holder or authorized user of all content displayed on the Website as well as of the services available through the Website: any copyright or intellectual property (including all graphics and other materials, layout and editing of the Website, software and other solutions, ideas and their implementation).

14. Other

The OptiLine Online shop is a Linux/PHP-based system providing an adequate level of security and using it does not pose any risk. However, we suggest you to take the following precautions: use virus and spyware software with fresh database, install security updates for your operating system. Purchasing on the Website requires the Customer knows and accepts the technical limitations of the Internet and the error conditions associated with this technology.

In the shops and online store the Provider accepts only orders for household quantities. The Provider does not provide wholesale services.

15. Unilateral modification of the General Contractual Conditions

The Provider is entitled to unilaterally modify the current General Contractual Conditions after notifying the Customer through the Website.  The revised provisions enter into force with the Customer upon the first use of the Website following the modification. The revised provisions shall apply to orders placed after the change.

16. Retention of title

The Provider retains title to the goods in question until the price has been paid in full. If, for any reason, the Client comes into the possession of the goods before paying the full price, they shall be liable for all the material damage that nobody else is bound to compensate to the Provider.