Please read our Terms and Conditions of Sale before placing an order. If you wish to keep a copy for your records please print this screen.
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.1. “Supplier” means:
NHC Brenner’s Ltd.
Address: Hungary, 3525 Miskolc, Borostyán utca 2.
1.2. “Goods” means the goods or services supplied by NHC Brenner’s Ltd.
1.3. “Customer” means the person or company who purchases or agrees to purchase goods or services from NHC Brenner’s Ltd.
2. General
2.1. These terms and conditions of sale apply to all goods supplied by the Supplier.
2.2. No contract exists between the Customer and the Supplier for the sale of any goods or services until the Supplier has received and accepted the order.
2.3. An acknowledgement of the Customer’s order will be sent via e-mail after the Customer places an order.
2.4. The Supplier may change these terms and conditions of sale without notice to the Customer in relation to future sales.
2.5. The contract is subject to right of cancellation by the Customer.
2.6. The Supplier reserves the right to decline any order for any reason.
3. Variations to this contract
3.1. Unless expressly agreed in writing signed by a duly authorised representative of NHC Brenner’s Ltd., the terms of this contract apply to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
4. Description of the goods
4.1. The description and price of the goods the Customer ordered will be as shown on the Suppliers website at the time the Customer places the order.
4.2. The goods are subject to availability. If on receipt of the Customer’s order the goods bacame unavailable due to stock shortage, the Supplier will inform the Customer as soon as possible.
5. Price of the Goods
5.1. Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time the Customer places an order. If an error is found, the Supplier will inform the Customer as soon as possible and offers the option of reconfirmation of the order at the corrected price, or cancellation of the order. If the Supplier does not receive an order confirmation within 7 days after informing the Customer of the error, the order will be cancelled and the Customer will be notified by email. If an order is cancelled prior to dispatch by the Customer, the Supplier will refund or re-credit the sum that has been paid by the Customer or debited from its credit/debit card for the goods.
5.2. In addition to the price, the customer may be required to pay;
5.2.1. Delivery charges
5.2.2. Value Added Tax and any other taxes
5.3. Goods marked as free items under promotional offers will be treated as a component of the primary goods sold.
6. Payment
6.1. Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time the Costumer places an order.
7. Delivery
7.1. Orders placed, accepted and paid before 2:00 pm on a working day (Monday to Friday excluding Hungarian public holidays) will be processed by the end of next working day and will be delivered as per the available delivery option choosen by the Customer.
7.2. The goods of an order will be delivered to the delivery/shipping address given by the Customer during the order placement procedure.
7.3. If delivery cannot be made to the Customer’s delivery/shipping address for reasons outside of the Supplier’s control, the Supplier will inform the Buyer as soon as possible and refund or re-credit the sum that has been paid or debited from the Customer’s credit/debit card, or bank account for delivery.
7.4. If the Customer deliberately fails to take the delivery of the goods when delivery is attempted, then the Supplier may:
7.4.1. Store the goods until actual delivery and charge the Customer for reasonable costs of storage; or
7.4.2. Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) credit the Customer for any excess over the original purchase price agreed, if any, or charge you for any shortfall below the price you agreed to pay for the goods.
7.5. If the Customer fails to take delivery because it has been cancelled by the Customer, the Supplier only refunds the price of the goods, but not the shipping costs, within 30 days.
7.6. The Supplier will make every effort to deliver the goods as soon as possible after the Customer places an order and the payment has been recieved. However, the Supplier will not be liable for any loss or damage suffered by the customer through reasonable or unavoidable delays in delivery.
7.7. Time for delivery estimatated by the Supplier is indicative. The goods may be delivered by the Supplier in advance or later than the quoted delivery date detailed in the shipping notification email.
7.8. Upon receiption of your goods you have 48 hours to notify us of any missing items or discrepancies in your order.
8. Risk
8.1. The goods are at the Customer’s risk after the time of delivery.
8.2. Ownership of the goods shall not pass from the Supplier to the Customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: the goods, and all other sums which are or which become due to the Supplier from the Customer on any account.
8.3. The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
9. The Customer’s right of cancellation
9.1. The Customer has the right to cancel the order at any time up to the end of 30 calendar days after receival of the goods.
9.2. To exercise the right of cancellation, the Customer must give written notice to the Supplier by letter or via email, giving details of the goods ordered and order reference. Notification by phone is not sufficient.
9.3. If the Customer exercises the right of cancellation after the goods have been delivered to the Customer, the customer will be responsible for returning the goods to the Supplier at the customer’s expanse. The goods must be returned to the address above (1.1) or the address given on the Customer’s Returns RMA form. The Customer must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
9.4. Once the Customer has notified the Supplier of cancellation of the order, the Supplier will refund or re-credit the Customer within 20 days from receipt of the returned goods for any sum that has been paid, or debited from the Customer’s credit card, or bank account, only for the goods.
9.5. If the Customer does not return the goods as required, the Supplier may charge a sum not exceeding the direct costs of recovering the goods.
9.6. The Supplier may charge a restocking fee for items returned that are not in a suitable condition.
10. Returns
10.1. All returns are subject to the Suppliers published Returns Policy.
11. Warranty
11.1. All goods supplied by the Supplier are warranted free from defects for 60 days after delivery. This warranty does not affect statutory rights as a consumer.
11.2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by the Customer or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
11.3. If the goods supplied are damaged on delivery, the Customer should notify the Supplier in writing via the email address or fax number shown above within 48 hours.
11.4. If the goods supplied develop a defect while under warranty or the Customer has any other complaint about the goods, the Customer should notify the Supplier in writing via the email address or fax number shown above, as soon as possible, but in any event within 7 days of the date the Customer discovered or ought to have discovered the damage, defect or complaint.
12. Limitation of Liability
12.1. The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods only.
12.2. The Supplier shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12.3. Limits on NHC Brenner’s Ltd. liabilities to the Customer: Subject to other provisions of this contract and any special arrangements agreed in accordance with condition 11, the following provisions set out the entire financial liability that NHC Brenner’s Ltd. has or may have (including any liability for the acts or omissions of employees, agents, sub-contractors and other representatives) to the Customer (a) in respect of any breach of any contract NHC Brenner’s Ltd. has with the Customer, (b) in respect of any negligence or breach of statutory duty by NHC Brenner’s Ltd. (or any of NHC Brenner’s Ltd. agents, sub-contractors or representatives) and (b) in respect of any representation, statement or tortuous act or omission including negligence arising under or in connection with the any contract or other dealing between the Customer and NHC Brenner’s Ltd. (or any of NHC Brenner’s Ltd. agents, sub-contractors or representatives):
12.3.1. maximum liability: the maximum aggregate liability of NHC Brenner’s Ltd. and each of NHC Brenner’s Ltd. agents, sub-contractors or representatives to the Customer in respect of any dealing shall not exceed the amount paid by the Customer to NHC Brenner’s Ltd. in respect of goods to which the dealing relates; and excluded liabilities: excludes all liability to the Customer in respect of:
12.3.1.1. Losses those were not reasonably foreseeable to the Customer and, or to NHC Brenner’s Ltd. when the contract was made;
12.3.1.2. direct, indirect or consequential loss (including, without limit, loss of profits, loss of business, depletion of goodwill, damages, professional and other fees and similar losses, costs, damages, charges or expenses);
12.3.1.3. Losses that were not caused by any breach on the part of NHC Brenner’s Ltd. and/or
12.3.1.4. Losses for direct, indirect or consequential or economic loss (including, without limitation, loss of profits, loss of business, depletion of goodwill and comparable losses) or related costs, damages, charges and similar expenses.
12.4. Exclusion of warranties etc.: All warranties, representations conditions and other terms implied by statute or implied by law are in each case (to the extent that they may be construed against NHC Brenner’s Ltd.) excluded from the contract to the fullest extent permitted by law.
12.5. Personal injury: Nothing in these conditions excludes or limits the liability of NHC Brenner’s Ltd. for death or personal injury caused by NHC Brenner’s Ltd. negligence or fraudulent misrepresentation.
12.6. NHC Brenner’s Ltd. additional responsibilities to the Customer:
12.6.1. If the Customer requires a greater level of comfort or for NHC Brenner’s Ltd. to assume other liabilities or responsibilities please contact NHC Brenner’s Ltd. before the Customer submits an order so that special arrangements may be made.
12.6.2. NHC Brenner’s Ltd. may be able to obtain insurance to cover risks that concern the Customer(in which case the Supplier may charge the cost of the insurance and reasonable administration costs).
12.7. Licence to enter premises etc.:
12.7.1. The Customer grants NHC Brenner’s Ltd. its agents and employees an irrevocable licence to enter any premises where the goods are or may be stored at any time in order to inspect them, or, when for any cause the Customer’s right to possession has terminated, to recover them.
13. Data protection
13.1. Protection of the Customer’s order and payment:
13.1.1. NHC Brenner’s Ltd. takes reasonable precautions to keep the details of the Customer’s order and payment secure but unless NHC Brenner’s Ltd. is negligent, NHC Brenner’s Ltd. will not be liable for unauthorised access to information supplied by the Customer.
13.2. Usage of the Customer’s personal data:
13.2.1. NHC Brenner’s Ltd. may use personal data provided (or which is provided by people working with or for the Customer) for its own purposes (including those referred to in paragraph 12) and to communicate with the Customer in such way as NHC Brenner’s Ltd. considers appropriate. NHC Brenner’s Ltd. shall not sell the Customer’s personal data to any third party.
14. Our Right of Cancellation
14.1. If for reasons beyond the Supplier’s reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, the Supplier is unable to supply the goods to the Customer, the Supplier may cancel the agreement at any time by giving notice to the Customer. We shall promptly refund any sums paid by the Customer. The Supplier shall not be liable for any other loss or damage whatever arising from such cancellation.
Online Dispute Resolution
Initially all disputes should be settled by communication between the Customer and the Supplier to resolve any problem fairly and efficiently without going to court.
If the Customer has a problem with goods or services the Customer purchased online, the Customer can use this platform to make a complaint and have it resolved by an independent dispute resolution body.
Consumer protection legislation in the EU guarantees that everyone has the right to be treated fairly when buying goods and services whether online or offline.
European legislation guarantees consumers
– fair treatment
– products which meet acceptable standards
– a right of redress if something goes wrong
Before complaining to a trader, it can be helpful to find out more about custumer rights, so the Customer knows the entitlements and remedies that apply to a situation.
Many organisations across the EU can provide helpful information about consumer rights. If the Customer has a dispute related to a purchase of goods or services from the Supplier based in another EU country, the Customer shall seek advice from the European Consumer Centre (ECC) free of charge.
The ECCs can
– advise on consumer rights
– assist to resolve a complaint against a trader based in another EU country, Iceland or Norway with the aim of achieving amicable outcomes
– redirect to an appropriate body if they cannot help
More about RSO >> http://ec.europa.eu/consumers/odr/
If the Customer has any questions related to the content of this site, please email triodetradition@gmail.com