General Terms and Conditions

Effective from: 1 March 2024

1. General information, establishment of a contract between the Parties

1. These General Terms and Conditions (hereinafter: ‘GTC’) apply to all goods that can be ordered on the webshop (hereinafter: ‘Webshop’) available through the website https://daken.hu (hereinafter: ‘Website’) operated by Koma Dániel EV. (hereinafter: ‘Service Provider’). These GTC apply to all electronic commerce services provided in the territory of Hungary through the Webshop.

1. Customer means any natural person who places an order on the Webshop. The term Customer incorporates the term consumer. A consumer is a natural person acting outside the scope of their profession, self-employment or business activity pursuant to Act V of 2013 on the Civil Code (hereinafter: ‘Civil Code’).

1. Purchases on the Webshop are regulated by the Hungarian legislation in force, in particular the Civil Code, Act CVIII of 2001 on E-commerce and Certain Issues Regarding Information Society Services, and Government Decree 45/2014 (26 February) on the Detailed Rules of Contracts Between Consumers and Businesses.

1. Purchases on the Webshop can be made by placing an order electronically, as set out in these GTC.

1. The Service Provider shall not be liable for the fulfilment of the order, if the given product is not available in the meantime, the Service Provider is entitled to refuse the order.

1. The contract between the Parties is concluded upon acceptance of the GTC by the Customer upon confirmation of the order by the Service Provider, as set out in the GTC. If the Customer does not accept the terms and conditions of the GTC, they may not use the services of the Webshop, and therefore may not place an order.

1. A concluded contract is deemed a written contract. The data stored in the written contract are the same as the data provided during the order. The language used for the contract and maintaining contact is Hungarian. The Service Provider does not archive the contract, it is not accessible at a later date.

1. Minors or persons with limited legal capacity may use the services of the Website only with the consent of their legal representative. Obtaining such consent is the responsibility and duty of the minor or person with limited legal capacity. The ordering interface of the Webshop and the Service Provider do not have the responsibility or the possibility to know and find out who is on the user page during online transactions, therefore the responsibility lies solely with the Customer.

1. The Service Provider does not have a Code of Conduct pursuant to Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.

1. By submitting an order in the Webshop and ticking the box for acceptance of the GTC, the Customer accepts and acknowledges the GTC as binding.

1. Service Provider and hosting service provider details:

Company name: Koma Dániel sole proprietor

Registered office: 8360 Keszthely, Magvető utca 24.

Registration no.: 53452896; National Tax and Customs Administration

Tax number: 52794366-1-40

E-mail: info@daken.hu

Details of the Service Provider’s hosting service provider:

Name: feat Kft.

Registered office: 1013 Budapest, Pauler utca 11. 2. em.

Company registration no.: 01 09 335007; Company Registry Court of Budapest Capital Regional Court

Tax number: 26611387-2-41

E-mail: hello@feat.hu

1. Order

1. The Website provides online ordering facilities for Customers. The User can browse the Website by using the menu items. The products are listed in categories. Clicking on the name of a category will display a list of the products in that category. The images shown are photographs, the colour of which may vary depending on the screen used by the Customer. The Website allows Customer to search for products by keyword. Product results matching the search criteria are displayed in a list-like manner similar to the categories.

1. No registration is required to place an order on the Webshop.

1. When completing the order form, it is necessary and possible to provide the following data: name, e-mail address, telephone number, billing address, delivery method, delivery address, coupon code, comment. Customers may only enter their own personal data on the Website. To successfully place an order, the Customer must accept these GTC and the Privacy Policy by ticking the relevant box. By ticking the boxes, the Customer declares that they have read, understood and fully comply with all the provisions of these GTC and the Privacy Policy and accept the provisions thereof as binding.

1. The Customer is solely responsible for the accuracy, currency and veracity of the data provided. The Service Provider excludes any liability that occurs in relation to the inaccuracy, typing error in the data supplied on the Website, or from the supply of false data and information. The Service Provider shall not be held liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate information provided by the Customer.

1. Possibilities for rectifying data entry errors: Customer can view and modify the contents of the shopping cart during the order process, if the cart does not contain the quantity Customer wishes to order, Customer must enter the quantity he/she wishes to order in the data entry field in the ‘Quantity’ column (or can change the quantity with “+” and “-“ button), after which the system will update the number of items entered. If the Customer wishes to remove items from the shopping cart, click on the ‘Delete’ button.

During the order process, the Customer can correct/delete the data entered. If the Customer has already proceeded from the form to be corrected, but has not yet finalised the order, it is advisable to click on the back button of the browser (arrow in the upper left corner of the screen) until the desired page appears, where they can make the changes. Further amendments to the data concerning the submitted order can be made using the contact details indicated in these GTC.

1. The properties and characteristics of the products available for purchase on the Webshop can be found on the specific product page. If the Customer needs more information about the properties, use or usability of any product on the Webshop than is provided on the Website, they should contact the Service Provider.

1. The Customer acknowledges that the Service Provider sells previously used furniture and home furnishings, lamps – and accordingly these are a certain extent used items, including fully renovated, partially renovated and non-renovated items. As a result, the Customer can purchase these products at a price appropriate to their condition, but is not entitled to any additional discounts or price reductions – with regard to possible defects that already exist and are recognizable at the time of purchase. In the case of a purchase through the Webshop, the Customer has the opportunity to view the product in the shop of the Service Provider (1085 Budapest, Horánszky utca 5.) before the order. When buying lamps, Customer must always consult a specialist before use. The Service Provider excludes its responsibility for damage resulting from the use or possible defects of the purchased products to the fullest extent possible, taking into account the restrictions contained in the applicable legislation.

1. The price indicated next to the products is always in HUF and is the gross purchase price of the product excluding delivery costs. The cost of delivery is determined based on the delivering address according to the tariff list in Annex 2. The delivery costs are indicated in a separate line next to the price of the product after selecting the delivery method. In the order confirmation, Service Provider indicates the price of the products and the delivery costs on a separate line.

1. For some products, the Service Provider determines a minimum order quantity, which is indicated on the page of the given product. In such a case, in addition to the unit price of the product, the Service Provider will also indicate the price that the Customer must pay in the event of an order, considering the minimum order quantity.

1. The Service Provider reserves the right to change the prices of products that can be ordered from the Website, with the modification taking effect simultaneously with the uploading of the product to the Website. The change does not adversely affect the purchase price of products already ordered.

1. If, despite all the care taken by the Service Provider, an incorrect price is displayed on the interface of the online store, in particular a price of HUF ‘0’ or HUF ‘1’ that is obviously incorrect, e.g. significantly different from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the Service Provider is not obliged to sell the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.

1. The order is only accepted by the Service Provider via the Website if the Customer has fully completed all the details required for the order. The Service Provider shall not be liable for any delivery delays or other problems or errors caused by the Customer's incorrect and/or inaccurate order details.

1. Order process:

Step 1: The product Customer wishes to purchase is added to the shopping cart by clicking on the ‘Add to Cart’ button. On this page the Customer can check the products and if the Customer finds the contents to be correct, Customer can click on the ‘Proceed to Shopping Cart’ button to proceed to the order page.

On the ‘My cart’ page Customer can enter the method of delivery, the possible discount code, and the delivery cost will be indicated on the page in addition to the purchase price, if the Customer selects home delivery.

Step 2: By clicking the ‘Proceed to data’ button the Customer can proceed to ‘Personal’ page to give the delivery and billing data.

Step 3: The payment method can be selected on the ‘Payment’ page. The Customer can check the order information, the price, the total amount to be paid which contains the delivery cost. If Customer find everything in order, he/she can finish the purchase by clicking the ‘Order and payment’ button and place the order. In case of selecting online payment by card the Customer can enter the data necessary for payment after this.

Before placing the order for a successful order, the Customer must accept these GTC and the Privacy Policy by ticking the relevant box. Without acceptance of these GTC and the Privacy Policy, the order cannot be completed.

1. The placing of an order by the Customer does not in itself result in the conclusion of a contract between the Service Provider and the Customer. After receiving the Customer's purchase offer (order), the Service Provider is obliged to confirm the order to the Customer electronically (by e-mail), which confirmation e-mail contains the data provided by the Customer during the order (e.g. billing and delivery information), the order serial number, the date of the order, the list of items belonging to the ordered product, the quantity, the price of the product and the final amount to be paid. If this confirmation is not received by the Customer within 48 hours of the offer being sent, the Customer's obligation to make an offer or any other obligation shall automatically terminate without any further conditions.

1. The Service Provider reserves the right to change a promotional offer without prior notice, to limit the availability of individual promotions, or to change the start and end dates of the promotions advertised. The Service Provider accepts no legal liability for any changes to the above.

1. The Service Provider reserves the right to reject any order placed by the Customer. If the Service Provider changes or cancels an order, it will contact the Customer at the e-mail and/or billing address/phone number provided when placing the order. The Service Provider also reserves the right to limit the quantities delivered from one item to one postal address.

1. Payment and delivery terms and conditions

1. The Customer may pay the purchase price in the following way:

• through online payment by credit card on the Website (Visa, Visa Electron, Visa Debit, MasterCard, Google Pay or Apple Pay payment),
• money transfer to the account of the Service Provider: account number 11600006-00000000-31446525,
• with cash or card at the time of personal collection,
• with cash or card on delivery at the courier.

1. The online payment by credit card is made through an electronic system operated by a payment service provider contracted by the Service Provider and independent of the Service Provider. Online payment by credit card is provided by Stripe [Stripe Payments Europe, Ltd. (https://stripe.com/en-hu/privacy)]). Online payments are subject to the terms and conditions of the payment service provider, the card company concerned and the business rules of the financial institution issuing the card and crediting the amount. The Service Provider does not process the Customer's credit card data.

1. During the processing of all credit card/debit card transactions, the Service Provider uses a secure online payment gateway that encrypts the Customer's bank card data in a secure receiving environment. In order to ensure that the shopping experience is safe, simple and reliable, the Service Provider uses Secure Socket Layer (SSL) technology.

1. In case of payment by card or making a transfer the payment of the fee is considered made when the amount due is credited to the Service Provider's bank account.

1. The Service Provider issues an electronic invoice and the Customer receives the issued invoice by e-mail on the day of the performance of the order (collecting the product).

1. The cost of delivery is determined based on the delivering address according to the tariff list in Annex 2. The Service Provider informs the Customer about the cost of delivery on the order interface before the submission of the order.

1. The following methods are available for the delivery of the ordered product:

• home delivery by courier,
• personal collecting.

1. Home delivery can only be selected for addresses that belong to the delivery area. To verify this, the Customer must enter the zip code when selecting the delivery method (or indicate that the delivery address is the same as the billing address). If home delivery is available to the indicated address, the Service Provider will provide the cost of home delivery and the planned delivery date. The delivery address can be the Customer’s home or even Customer’s work address. The delivery address may differ from the billing address. The delivery address should be the address where the Customer is most likely to be when the delivery is expected.

1. The delivery time is maximum 14 working days from the day after the order is placed. The date of delivery has to be calculated from the day order was placed. The Service Provider strives to fulfil the order within the time specified above but does not assume responsibility if the delivery time is longer than indicated. The planned date of delivery is displayed on the order page, which is indicative only, the exact time of delivery for all orders is communicated to the Customer by the Service Provider before the time of delivery.

1. Delivery is made on working days between 8:00 and 17:00. The Customer can contact the courier service for further clarification of the delivery time. During the delivery, the Service Provider ensures the delivery of the product within the time interval specified in advance. If the courier does not find a person authorized to receive the Product at the specified delivery address at the specified time, he/she will try to contact the Customer twice by phone. If the Customer is unavailable and therefore the delivery fails, the delivery will be considered unsuccessful and the product can be collected specified in point 4.13.

1. When the order is fulfilled, at the time of delivery, the Customer or the recipient is obliged to check the integrity of the parcel, to check the parcel with the courier in the case of a damaged parcel and to sign the opening report (any defects must be noted in the report). After this, Service Provider are not able to accept any complaints regarding defects.

The Customer is obliged to check the package as soon as possible after receipt and to ensure that the items on the invoice correspond to the products ordered and delivered. If any problem arises in this respect, Service Provider recommend that the Customer contact webshop@daken.hu without delay, if possible, in order to deal with the error.

1. Redelivery costs due to the failure of delivery through the fault of the Customer shall in all cases be borne by the Customer. In case of consecutive unsuccessful deliveries, the Service Provider reserves the right to limit the Customer's orders (only previously settled purchases).

1. If the delivery is unsuccessful due to the Customer's fault, the Customer has the opportunity to pick up the ordered product at the Service Provider's store (address: 1085 Budapest, Horánszky utca 5.) within 7 days from the date of unsuccessful home delivery. If the Customer does not pick up the product by this date, the Service Provider will cancel the order. The Service Provider informs the Customer by e-mail about the possibility and deadline for the collection on the day after the unsuccessful delivery.

1. Warranty, product liability

The provisions of the effective Civil Code apply to warranty, product liability and guarantee.

1. Warranty

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

The Customer may, at their own discretion, make the following warranty claims:

• They may request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of another claim. If the repair or replacement was not or could not be requested, the Customer may request a proportionate reduction of the consideration or the Customer – if it is not a consumer – may have the defect repaired or replaced at the expense of the Service Provider or, as a last resort, may withdraw from the contract if the Service Provider has not undertaken the repair or replacement, is unable to comply with this obligation within the appropriate time limit, while protecting the rights holder's interests, or if the Customer's interest in the repair or replacement has ceased. The Customer is not entitled to withdraw from the contract due to an insignificant error, it is the responsibility of the Service Provider to prove this.
• The Customer may switch from one warranty right to another, but the cost of the switch shall be borne by the Customer, unless it was justified or the Service Provider gave a reason for it.

The Customer shall notify the Service Provider of the defect immediately after its discovery, but not later than two months after the discovery of the defect. In the case of a contract between a consumer and a business, a defect communicated within two months of the discovery of the defect shall be deemed to have been communicated without delay. Considering that the products available in the Webshop are used products the Customer, who is a consumer, may not enforce their warranty rights beyond the one-year limitation period from the date of performance of the contract.

The Customer may enforce their warranty claim against the Service Provider.

Other conditions for the enforcement of warranty rights: Within one year from the date of performance, there is no other condition for asserting a warranty claim other than the notification of the defect, if the Customer proves that the product was provided by the Service Provider, which can be proved by an invoice issued by the Service Provider. However, after one year from the date of performance, the Customer shall be obliged to prove that the defect which they discovered existed at the time of performance.

1. Product liability

In the case of a defect in a product sold to them by the Service Provider, the Customer, who is a consumer, may, at their own discretion, exercise their right under paragraph a) or claim under the product liability. As a product liability claim, the Customer may only request the repair or replacement of the defective product.

A product is deemed to be defective if it fails to comply with the quality requirements in effect at the time it is released to the market, or if it does not have the features included in the product description (or on the photos on the Website at the given product) provided by the distributor.

The Customer has two years from the date on which the product was placed on the market by the manufacturer to make a claim under product liability. Their right will lapse after this deadline.

The Customer may only exercise their right to claim under product liability against the manufacturer or distributor of the product. In the case of a product liability claim, the Customer must prove that the product is defective.

The manufacturer (distributor) is released from product liability only if it is able to prove that:

• it did not manufacture or distribute the product in the framework of its business activities, or
• the defect was unrecognisable using the technology available at the time of releasing the product to the market, or
• the product defect arises out of the application of legislation or a statutory requirement.

Manufacturers (distributors) need to prove only one of the above reasons to be released.

The same defect may not give rise to simultaneous and parallel claims under warranty and product liability. However, in the case of a successful product liability, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

1. Method of submitting a warranty claim

The Customer may submit a guarantee or warranty claim by sending a postal or electronic letter to the Service Provider.

The letter must include:

• the name and address of the Customer,
• the name of the product, the purchase price,
• the date of the Purchase,
• the date of notification of the defect,
• the description of the defect,
• the claim the Customer wishes to assert.

1. Withdrawal

1. After taking delivery of the product, the Customer is obliged to check the content, condition and quality of the product and to immediately notify the Service Provider via its contact details if something is missing or if they notice any discrepancies.

1. Pursuant to Government Decree 45/2014 (26 February) on the Detailed Rules of Contracts Between Consumers and Businesses, the Customer, who is a consumer, has the right to withdraw from the contract within 14 days without reasoning. The withdrawal period expires 14 days after the date on which the Customer or the third party designated by the Customer, other than the carrier, takes delivery of the ordered product goods. In the case of the supply of more than one product, it shall expire 14 days after the date on which the Customer or the third party designated by the Customer, other than the carrier, takes delivery of the last product. The Customer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product. If the Customer wishes to exercise their right of withdrawal, they must send a clear statement of their intention to withdraw to the Service Provider (for example, by post, by electronic mail) using one of the contact details indicated in Section 2 of the GCTC.

For this purpose, the Customer may also use the template withdrawal statement in Annex 1 to these GCTC.

The Customer exercises their right of withdrawal within the deadline if they send their withdrawal statement before the expiry of the deadline indicated above.

1. If the Customer withdraws from the contract, the Service Provider reimburses the Customer for all consideration paid, including the delivery costs (excluding any additional costs incurred due to the Customer's choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider), without delay and at the latest within 14 days of receipt of the Customer's withdrawal statement. For the refund, the Service Provider shall use the same payment method as the one used for the original transaction, unless the Customer expressly agrees to use a different payment method; the Customer shall not incur any additional costs as a result of the use of this refund method. The refund may be withheld by the Service Provider until the product is returned or the Customer provides proof that it has been sent back (whichever is earlier).

1. The Customer shall return or hand over the product to the Service Provider without undue delay, but no later than 14 days from the date of the communication of their withdrawal statement unless the Service Provider has agreed to transport the product back itself. The deadline is deemed met if the product is sent before the expiry of the 14-day deadline by the Customer. The direct cost of returning the product shall be borne by the Customer.

1. The Customer may only be held liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature and characteristics of the product.

1. Complaint handling

1. The Customer may submit any complaints that may arise during the purchase to one of the contact details listed under Section 2. The Service Provider handles each complaint free of charge.

1. Verbal complaint

The Service Provider investigates the Customer's verbal complaint without delay and, if possible, remedies it immediately. If the Customer does not agree with the complaint handling or if it is not possible to remedy the complaint immediately, the Service Provider shall record the Customer's complaint and shall agree and approve its content with the Customer. The Service Provider provides a copy of the record to the Customer. Upon receipt of the complaint, the Service Provider investigates the complaint and sends a reasoned reply to the Customer within 30 days of the date of submission of the complaint.

Complaints communicated by telephone are recorded by the Service Provider, in which case the audio recording replaces the record referred to above.

1. Written complaint

In the case of a written complaint, the Service Provider investigates the complaint upon receipt and sends the Customer a written reply on the outcome of the investigation within 30 days of the date of the complaint. Upon request, the Service Provider notifies the Customer of the result of the investigation by electronic means.

The complaint is investigated, rejected or remedied by the Service Provider in accordance with the legal provisions in force.

In its reply, the Service Provider states the results of the full investigation of the complaint, the measures taken to remedy the complaint and, in the case of rejection, the reasons for the rejection. The Service Provider provides information with clear and understandable explanations, using simple language and avoiding the unjustified use of legal terms. The Service Provider endeavours to provide a substantive response to all the Customer's objections in its reply.

The Service Provider archives written complaints, including records of complaints made in person, and the replies to them for a period of five years. After the expiry of the retention period, the Service Provider scraps the data carriers (documents).

1. Legal remedy

If the Customer's complaint is rejected in whole or in part, or if the time limit set above for the investigation of the complaint has expired without result, the Customer may appeal to the following authorities and bodies:

Budapest Government Office

Consumer Protection Department

Address: 1117 Budapest, Prielle Kornélia u. 4/b.

Phone number: +36 1 450 2598

Conciliation Board operating alongside the Budapest Chamber of Commerce and Industry

Address: 1016 Budapest, Krisztina krt. 99.

Postal address: 1253 Budapest, P.O. Box: 10

Phone number: +36 (1) 488-2131

Fax number: +36 (1) 488-2186

The Service Provider has a duty of cooperation in the proceedings before the conciliation board.

If the dispute cannot be resolved by one of the above methods or by other mediated means, the Customer may bring the dispute before a court.

1. The Customer may initiate an out-of-court settlement of their complaint about a product or service purchased online through an online dispute resolution procedure. They can initiate online dispute resolution on the following website, where they can also find detailed information on the possibilities and conditions of online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

1. Data protection

The Service Provider treats the personal data in its possession as confidential and uses them only for the purposes set out in the Privacy Policy on the Website. When processing personal data of the Customer, Service Provider complies with the effective data protection legislation. The Service Provider's detailed Privacy Policy is available on the Website.

1. Closing provisions

1. The Service Provider cannot be held liable for any damage which occurs as a consequence of connecting to the Website. The Customer is responsible for protecting their computer and the data on it.

1. It is strictly prohibited to forward, disclose or share any content not permitted by law on the Website. The Service Provider reserves the right to delete content uploaded by Customers.

1. In matters not regulated in the GCTC, the provisions of the Civil Code and other applicable Hungarian legislation shall apply.

Annex 1

Statement of Withdrawal

(template)

(complete and return only if you wish to withdraw from the contract)

Addressee: *

I/we, the undersigned, declare that I/we exercise my/our right of withdrawal/termination in respect of the contract for the purchase of the following product(s) or the provision of the following service(s): *

Date of contract / date of acceptance:

Name(s) of consumer(s):

Address(es) of consumer(s):

Signature(s) of consumer(s): (only for statements made in hard copy)

Date:

Annex 2

Tariff list for home delivery

Effective from: 1 March 2024