Terms and Conditions
This document shall not be filed, it is concluded exclusively in an electronic form, it shall not be considered as a written agreement, it has been written in Hungarian (and translated to English for convenience only), and it does not refer to any code of conduct. In the event of any questions relating to the operation and ordering process of the webshop, we shall be available at the specified contacts.
These General Terms and Conditions (hereinafter referred to as: “GTC”) shall regulate the legal relationships established on the Service Provider’s websites (http://magevolve.hu/, http://magevolve.com) and the subdomains thereof. These GTC shall be continuously available at the following website: http://magevolve.com/terms-and-conditions, and may be downloaded from the following link: http://magevolve.com/media/doc/gtc.pdf
1. Details of the Service Provider
Name of the Service Provider: Magevolve Kft. [Magevolve Ltd.]
Registered office of the Service Provider: 1115 Budapest, Fraknó utca 22/B., Hungary
The Service Provider’s contact details, its electronic mail address regularly used for liaising with customers: info(at)magevolve(dot)com
Company registration number: 01-09-986286
Tax number: 23953741-1-43
Registering authority: Company Registration Court of the Tribunal of Budapest
Telephone number: +36-30-411-9720
Data protection registration number: NAIH-63358/2013.
Language of the contract: Hungarian
2. Fundamental Provisions:
2.1. In any issues not regulated herein, and for the interpretation of these GTC, the law of Hungary shall be applied, with special regard to the relevant provisions of Act IV of 1959 on the Civil Code of Hungary (hereinafter referred to as: the “Civil Code”). The statutory provisions of relevant legal regulations shall apply to the parties without any further stipulation.
2.2. The GTC shall enter into force on 20 March 2013 and shall remain in force until withdrawn. The Service Provider may modify the GTC unilaterally. The Service Provider shall publish any modifications on its websites 11 (eleven) days before their entering into force. By using the website, the Users accept that all regulations relating to the website shall automatically apply to them.
2.3. If the User – even if not a registered user of the website – enters the webshop website operated by the Service Provider, or reads the contents thereof in any other manner, the User accepts the provisions of the GTC as binding to himself. If the User does not accept the terms and conditions, he shall not be authorised to view the contents of the webshop.
2.4. The Service Provider reserves all rights respecting the webshop website, any parts thereof, and any contents appearing on the webshop website, as well as the distribution of the website. Downloading, storing, processing and selling any of the contents of the webshop or any parts thereof without the Service Provider’s written consent is prohibited.
3. The Scope of Purchasable Products and Services
3.1. Users can purchase computer programming works (product) in our webshop. The products are copyright protected works under Act LXXVI of 1999 on Copyright.
3.2. The products are protected by copyright as of the time they are created, without any further procedures or actions.
3.3. The User acknowledges that by making a purchase through the webshop, a licence agreement is concluded between the User and the Service Provider, under which the User accepts that he may not reproduce, distribute, publish, alter or adapt the product.
3.4. Under this licence agreement, use is authorised for only one domain and one testing domain.
3.5. The User acknowledges that the product may be used only on the specified domain, for which the Service Provider shall send a unique license code, thereby it can be verified whether the product is really only used on only one domain.
3.6. The User shall not be authorised to re-sell or the product to a third party or re-licence its use.
3.7. The User acknowledges that any modification or alteration of the program code shall result in the termination of the free-of-charge reparation service.
3.8. If the User uses the product in a manner deviating from the above provisions, or tries to use the product on additional domains, or re-licenses the use of the product, or re-sells the product, or gives the product to a third party, the Service Provider shall enforce its rights in litigious proceedings, by claiming compensation for damages proportionate to the respective infringement of rights.
3.9. The User acknowledges that the Service Provider shall be authorised to maintain a log respecting the infringing activities specified in Section 3.8 above, and to present the log files as evidence in any relating judicial proceedings.
3.10. The indicated prices of the products are in Hungarian forints and include the Value Added Tax set forth by law.
3.11. The Service Provider shall indicate the name and description of the products in detail and display a screenshot of the products in the webshop.
3.12. If any promotional price is implemented, the Service Provider shall fully inform the Users of the duration of such promotion.
4. Ordering Process
4.1. The User – if he already registered on the site – logs into the webshop. Users are able to make purchases without a registration, in which case they have to provide their personal data necessary for the purchase and the delivery in the course of the purchasing process.
4.2. The User places the selected products into the shopping cart. If the User also requires installation, he has to check the installation + HUF 10,000 checkbox. Consequently, the final sum of the invoice will be increased by + HUF 10,000.
4.3. If the User wishes to put further products into the shopping cart, he has to click the ‘Continue Shopping’ button. If the User does not wish to purchase additional products, he can verify the quantity of the products to be purchased, or he can modify the quantity by clicking the ‘Update Shopping Cart’ button.
4.4. By clicking on the ‘Clear Shopping Cart’ link, the User can empty the contents of the cart. After the quantity is finalised, the contents of the cart are automatically updated, or should this not automatically happen, the User needs to click on the ‘Update Shopping Cart’ button.
4.5. If the User considers the quantity to be final, he clicks on the ‘Proceed to Checkout” button.
4.6. The User provides the invoicing information, then selects the payment method suitable for him from the provided payment method options.
Terms of Payment:
Bank transfer in advance:
• Our bank account number: 11711003-20009094-00000000
• In case of bank transfer in advance, we will send you the product electronically once the total sum is credited to our bank account.
Payment by PayPal:
• If you choose this payment method, we will direct you to the PayPal website.
• We will send you the ordered product once the total sum has arrived from your PayPal account to our PayPal account.
4.7. If any errors or deficiencies relating to the products or the prices occur in the webshop, we reserve the right to correct them. In such case, we will inform the User of the new data immediately after we noticed or corrected the error. After this, the User may confirm his order once more or it is possible for either party to rescind from the contract.
4.8. The payable total sum shall include all costs as specified by the itemised order and the confirmation letter.
4.9. After the User has provided the necessary details, he can place his order by clicking on the “Place order”, however, he can check the provided details once more and can also send a customer note with his order.
4.10. After the order is sent, the User will receive a confirmation in e-mail. If the confirmation e-mail is not sent to the User within a reasonably expectable time depending on the type of the service, or within 48 hours at the latest, from the placement of the order, the User shall be released from the offer/acceptance validity or contractual obligation. The order and its confirmation can be deemed as delivered to the Service Provider or the User, respectively, if it becomes accessible to the respective party. The Service Provider excludes its liability to confirm the order if the confirmation is not received in due time because the User provided a wrong e-mail address during his registration, or if he cannot receive messages because the storage space of his e-mail account is full.
5. Processing and Fulfilment of Orders
5.1. Orders are processed until 3:00 PM on workdays. It is possible to place orders outside the hours specified for the processing of orders; if an order is placed after working hours, it will be processed on the next day. In each case, the Service Provider will electronically confirm when it will be able to fulfil the order.
5.2. The general term of delivery in case of payment by bank transfer in advance, if the price of the ordered product is credited to out bank account before 3:00 PM, will be 1 workday.
5.3. If the User has not transferred the total sum of the order within 3 days from placing the order, the Service Provider will contact the User concerning the reason of delay.
5.4. If the Service Provider and the User did not agree on the time of delivery, the Service Provider shall be obliged to contractually deliver at the time or within the deadline specified in the User’s notice, or if there is no such notice, within thirty days from the receipt of the order by the Service Provider.
6. Right of Rescission
6.1. According to Government Decree No. 17/1999. (II.5.) Korm. on Distant Contracting, the User may rescind from the contract and return the ordered product within 8 days from the receipt of the ordered product without any reasoning provided that the User has not extracted (unzipped) the product.
6.2. The User will not have a right of rescission in case of a product which is linked to the User’s person, or which has been produced according to the User’s instructions or at his express request.
6.3. Under the above referred regulation, after the returned product is received by the Service Provider, Service Provider shall repay the purchase price of the product to the User without delay but no later than within 30 days.
6.4. If the User wishes to use his right of rescission, he may indicate this in writing or by telephone at any of the contact details of the Service Provider.
6.5. The currently effective version of Government Decree No. 17/1999. (II.5.) Korm. is available here in Hungarian.
6.6. The User may contact the Service Provider with his other complaints at the contact details specified herein.
7. Reparation of faults
7.1. The Service Provider undertakes to repair any faults of the purchased products for an unlimited period.
7.2. The User accepts that the any modification or alteration of the program code shall result in the termination of the free-of-charge reparation service.
7.3. The Service Provider does not undertake any guarantee respecting any other webshop modules produced by others than the Service Provider, nor for the operation of such modules, nor for any damages caused by the operation of such modules. To this end, the Service Provider will, as far as possible, liaise with the User concerning any other installed modules not produced by the Service Provider.
8. Miscellaneous Provisions
8.1. Should any part of these General Terms and Conditions become invalid, illegal or unenforceable, it shall not affect the validity, legality or enforceability of the remaining parts thereof.
8.2. If the Service Provider does not exercise any of its rights under these General Terms and Conditions, it shall not be considered as a waiver of such right. Any waiver shall be valid only in an express written statement made in this regard. If the Service Provider does not insist on the strict fulfilment of any particular substantial term or condition of these General Terms and Conditions on one occasion, it shall not be considered as waiving the right to insist on the strict fulfilment of such term and condition in the future.
8.3. the Service Provider and the User shall endeavour to settle any disputes issues between them in an amicable manner.
9. Handling of Complaints
9.1. The goal of our webstore is to fulfil all orders in the proper quality, to the full satisfaction of the customer. However, should the User have any complaints in relation to the contract or the fulfilment thereof, he can send his complaint to the above e-mail address or by post as well.
9.2. The Service Provider shall examine verbal complaints immediately, and remedy them as necessary. If the User disagrees with how the complaint is handled, the Service Provider shall draw up a record of the complaint and the Service Provider’s opinion thereof, and hand over one copy of such record to the customer. If the complaint cannot be examined immediately, the Service Provider shall draw up a record of the complaint and hand over one copy of such record to the customer.
9.3. Our webstore will respond to written complaints in writing within 30 days. The Service Provider shall provide its reasons if it rejects the complaint. The Service Provider shall retain a copy of the response for 3 years and present it to the authorities examining the complaint at their request.
10.1. The Service Provider reserves all rights respecting the Magevolve.hu and the Magevolve.com website, any parts thereof, and any contents appearing on the website, as well as the distribution of the website.
10.2. Since Magevolve.hu and Magevolve.com, as a website, is considered as a work protected by copyright, the downloading (reproduction), any other use, electronic storing, processing and selling of any contents appearing on the website or any parts thereof without the Service Provider’s written consent is prohibited.
10.3. Using/quoting any material from the Magevolve.hu and the Magevolve.com website and its database even with a written consent is only permitted by reference to the respective website and observing the rules of citation.
10.4. The Service Provider reserves all of its rights respecting all elements of its service, its domain names, any secondary domain names created by using such domain names, and its online advertisement surfaces. The use of the services may in no case result in the decryption, decompilation of the source code, or any other infringement of the Service Provider’s intellectual property rights by anyone.
10.5. Furthermore, it is prohibited to adapt or decrypt the contents or any parts of the Magevolve.hu and the Magevolve.com website; to create login names and passwords in an unfair manner; to use any applications by which the Magevolve.hu and the Magevolve.com website or any parts thereof can be modified or indexed (e.g. search robot or any other decompiler).
10.6. The Magevolve.hu and the Magevolve.com names are protected by copyright, it may be used only with the Service Provider’s written consent except the case when it is used by reference.
Budapest, 18 March 2013