Terms and conditions
General Terms and Conditions
Dear Customer,
Thank you for shopping at our Webshop. We want to make sure you have a rewarding experience while you’re exploring and purchasing our products.
General
By using Website and Webshop, you agree and accept the following General Terms and Conditions:
The Website, Webshop and their content is owned and published by
- Name: BENTWIRE Ltd.
- Registered office: 2072 Zsámbék, Kálvária u. 29
- Registration number: 13-09-213237
(hereinafter: Seller).
Definitions
- User: the person (natural or legal person) who uses, visits or browses the Website or who acts as Customer
- Customer: the person (natural or legal person) who acts as buyer of Products
- Consumer: the natural Customer who acts as buyer of Product, but is not acting in the course of a profession or a business;
- Parties: User and Seller together;
- Product: item which the Customer undertakes to purchase from Seller
- General Terms and Conditions (GTC): the latest version of these General Terms and Conditions of sale and delivery for Customers.
- Webshop: online shop which offers Products
Application of present GTC
The present GTC – together with the Terms of Use - is applicable on each offer, agreement and sale of Products, regardless of the communication means utilized, insofar that the application of The Present GTC has not been expressly excluded by the Seller.
If any term of this GTC at any time becomes void or cancelled, in full or in part, then other provisions of this GTC remains wholly applicable. Seller and the Customer will then discuss new terms to replace those voided or cancelled, taking into consideration the purpose and intent of the void and/or cancelled terms.
If this GTC is at any time translated into another language, the English-language text will be considered governing in the event of a discrepancy.
Customer service / contact
Seller operates customer service. For questions, complaints, suggestions or simply if you want some information you can reach our customer service 24/7 by e-mail: shop@ballhead.eu. You can also contact us via our contact form. We try reply quickly to all messages although in time of higher load it may take some time to reply.
Products
Product may differ from pictures or videos You can find in the Webshop.
Order
Customer can order the Product in the Seller’s Webshop. The contract of sale of Product is estabilished when Seller confirms Custumer’s order in a written message.
Our goal is to make more and more satisfied customers using our ballhead. Although there are many circumstances we cannot foresee that complicates performing orders in particular cases thus Seller may refuse perform orders on his own discretion. In this case Seller will refund the purchase price paid bz the Customer within seven (7) days of notification.
Prices and Payment
By default all prices in the Webshop are indicated in Euros including 27% VAT. All other amounts payable (included but not limited to: import duties, stamp duties, fees for customs administration, import VAT, handling or customs charges for shipments outside the EU) connected to the purchase of Products not indicated expressly payable by the Seller in communication with the Seller shall not be included in the prices shown in the Webshop. Webshop may provide possibility to the Customer to calculate the purchase price and shipment costs in other currency and without VAT. Seller may refuse to ship on VAT free prices if there is a suspicion that conditions of VAT free sale laid down in laws are not met.
All payments must be made by credit card in ten (10) minutes after order. If there is no payment in this period Seller may cancel the order.
Seller reserves the right to change prices for Products displayed on the Webshop at any time and to correct pricing errors that may inadvertently occur. Any price changes will not affect an order that has already been accepted by Seller. In the event of a pricing error, Seller will notify Customer of the error and allow to either proceed with the transaction at the correct price or cancel the order at no cost to Customer.
If an error is made and a product is listed at an incorrect price, Seller shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, Seller shall immediately issue a credit in the amount of the incorrect price.
Delivery
Seller tries to deliver ordered Products as soon as possible but the delivery time depends on the avaibility of Product, stock, internal logistics and the distance between Seller’s premises and Costumer’s shipping address. Delivery times are estimates only and Seller shall not be liable for delays.
Delivery is performed by subcontractor of the Seller. The Product will be delivered to the Costumer’s shipping adress. Seller’s delivery requirement is considered to be fulfilled as soon as the Products provided by Seller have been offered to the Customer one time. If a “door to door” delivery is not possible to arrange, its the customers responsability to pick up the package at the adress provided by our shipping partner.
The order will be shipped to the address designated by You as long as that shipping address is compliant with the shipping restrictions contained on this website or on the website of shipping company at www.dhl.com.
All packages are insured for damage and/or loss. Customer is (if requested) responsible for filing any claims with carriers for damaged and/or lost shipments.
Seller may consolidate several orders to the same person to a single shipment, this may add additional time to the final delivery.
Specific rules for Consumers – The reconsideration period
Consumer has right to withdraw from the contract of sale of Product in fourteen (14) days (reconsideration period) without explanation. The reconsideration period starts on the day of receipt of Product. The Product with all of it accessories must be returned in the original packaging (including accessories and documentation) and in new condition. Seller will confirm the termination of the purchase after receipt and inspection of the returned Product and will ensure that the complete purchase amount will be returned to the Customer within thirty (30) days after receipt of the complete return shipment.
Return
Product must be returned to the Seller with all accessories and packaging in undamaged condition. We cannot accept any liability for return shipment.
Refunds
After reception and examination of your return we will refund the affected amount in 30 days. Please note that depending on the type of payment, method of the refund may be different.
Warranty
You are entitled to 1 year limited warranty acccording to Civil Code.
Termination of contract of sale of Product
Seller is authorised to terminate or suspend the fulfilment of the contract if:
- the Customer does not or does not fully or timely comply with his/her obligations
- the data provided to Seller by the Customer do not correspond to the actual situation.
Liability
User / Customer may visit, use and browse the Website or the Webshop at his / her own risks that’s why the User / Customer assumes full liability and all risk arrising from the visit, use or browse of the Website or Webshop.
The Seller is unable to guarantee the followings
- The Website and Webshop will be available, uninterrupted or error-free,
- There will no loss of information,
- Any virus or destructive properties will not transmit to User’s or Customer’s computer,
- The informations on the Website are up-to-date, correct and complete.
The User and Customer agrees that the Seller is not liable for any damages and costs caused by the upper incidents.
The Customer and Seller exclude the liability of Seller in the scope allowed validly of the law but if the excluding of liability is validly impossible, they limit the liability for ten (10) Euros. In the remaining scope Seller is obliged to proceed with diligence reasonably expectable. Seller shall be released from any liability if performed with diligence reasonably expectable.
Intellectual Property Rights
All content of Website or Webshop (included but not limited: design, graphics, pictures, texts, logos, trademarks and other informations and objects) are subject to the copyright of the Seller and it is forbidden to duplicate, distribute, store or reproduce these contents without written permission from the Seller, except that the User / Customer may download a single copy of the contents on a single computer for personal, non-commercial home use only.
Claims
The Seller wants its Customer to be satisfied with its Products but if the Customer has any claims please inform the Seller about it. The Seller will investigate all claims or problems as soon as possible.
Other terms
Customer guarantees that shipment and usage of the Product don't breach any laws.
Present GTC may be revised or updated at any time. Updated version of GTC shall entry into force at the date Seller indicates at the publication of the GTC. You are bound by such revisions and should therefore revisit this page periodically to review the current Terms.
Data protection (Privacy Policy)
Name of controller: Bentwire Ltd.
Address: H-2072 Zsámbék, Majális köz 2.
E-mail address: shop@ballhead.eu
Categories of data concerned:
The e-mail address, name, password, address, shipping address and phone number given by the data subject with his explicit consent to process those data.
During using the system the following data will be recorded: information about buying and the time of it, the moment of starting to visit the webshop and the one of terminating it, the users IP-address and sometimes – depending on the settings of the computer of the users – the type of the browser and of the operating system. Those items of information will be recorded by the system automatically. Anonymous data will be recorded on the server as well, such as the website which the user visited before, the website to which the user changed for after visiting ballhead.eu and the IP addresses of unregistered visitors. During these registrations personal data will not be collected.
All personal data will be processed based on the consent of the subject. Users shall note, that in case of handing over to us other persons’ data than themselves, they will be responsible for the consent of the subject before such an act is taken.
It might be necessary to allow cookies. If you would not like to allow them, you can restrict them in your browsers settings. It may be possible that with restricting cookies information and pictures will appear partly, or not at all. Personal data will not be recorded in cookies. Personal data given by the subject will be used by the controller until withdrawal. You can also subscribe to newsletters, you will have the possibility to unsubscribe by sending an e-mail to shop@ballhead.eu or clicking on the unsubscribe button at the bottom of each newsletter.
The purposes of the processing for which the data are intended: construction and administration, procession of the database related to the operation of the webshop, sending newsletters
In case of the identifying data given by the user the purpose of the processing is to identify the user. Collecting the data is necessary to ensure the services provided by the controller. The data recorded in the log file during using the system can be used by the controller for statistical purposes.
The data will be used in the communication related to the orders and other transactions requested by the user (couriers as DHL or other partner involved in performing the contract). The partners of the controller may not use in any way other than fulfilling their contractual obligation, or transmit the date provided by Bentwire Ltd to third parties.
By subscribing to newsletters the data subject gets the opportunity to be informed about promotions or other commercial news.
The controller may not use the provided data for other purposes than the one described above. He may transmit personal data to a third party only with the consent of the subject of the data. This does not apply to possible data submissions required by law.
The controller gathers only the information strictly necessary to achieve the above specified objectives. The controller does not transmit the data to third parties for direct marketing purposes.
Be aware that the court, the prosecutor and the investigating authority may ask the controller for transmitting the data or documents (Be. 71. §).
Personal data will be transmitted to the Data Protection Authorities – if the authority has set out the exact purpose and category of data – only to the extent that is absolutely necessary to achieve the purpose of the request.
The right of access and procession of data: the data subject has given his explicit consent to the processing of those data
Term of processing data: until withdrawal
The personal data given obligatory by the user will be processed by the controller until the user expressly asks for deletion of them. Controller will fulfill this request in 15 working days after being informed by the user.
Data given by the user’s decision will be processed until the unsubscription of the user.
Data recorded in the log file during using the system will be stored for 3 years after visiting the webshop.
Deletion of personal data:
The request of deletion of personal data should be sent via e-mail to shop@ballhead.eu. Controller will fulfill this request in 8 working days after receiving the request.
Data security measures:
Personal data will be stored and managed in the European Union.
The controller – with respect to the IT tools and their operation used in fulfilling the contracts – aims to be out for:
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a) making sure that data can be accessed only by the relevant post holder
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b) making sure about the authenticity of data processing
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c) providing proof of data integrity
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d) assuring protection against unauthorized access (data confidentiality)
The controller assures protection of data processing through technical and organizational measures which provide the proper security level against the risks which can appear during data processing.
The controller during data processing aims to be out for:
– confidentiality: protects data against unauthorized access
– integrity: protects the accuracy and completeness of the data and the processing method
The system and the network of the controller and his partners is protected against IT fraud, spying, sabotage, vandalism, and computer viruses, against cyber intrusions and attacks leading to refusal of services.
The operator shall ensure the security of server-level and application-level protection features.
Please be aware, that electronically forwarded messages, regardless of the protocol (e-mail, web, ftp, etc) are vulnerable to network threats that lead to fraudulent activity, contract dispute, to disclosure or modification of the information. The service provider takes all reasonable precautions against such threats. He is monitoring the systems to record any security modifications, and to provide proof of all security events. Monitoring the system also allows us to monitor the effectiveness of the applied security measures.
Possibility of changing the Privacy Policy:
The controller reserves the right to modify this Privacy Policy without the notification of the users. The first order applied by the user after the modification came into force means the acceptance of the modified Privacy Policy. Please read it carefully every time before accepting it and finalizing your order.
The data subject’s right related to processing their personal data:
Subjects may ask for information about processing their personal data. The controller shall offer the information requested by the subject about the type of data processed, the purpose of processing, the right of processing, the term of it, about the name, address and activity of the controller which can be related to the processing and about whom and for what purpose they are in the possession of those information. The request should be sent to shop@ballhead.eu. The controller will answer the request in 8 working days. The subject may ask for deletion of his data.
Personal data can be processed if:
– the subject agrees or
– the law requires so– or authorized by the law, the Regulation of the local authority orders it,
If the data subject is unable to give his consent on account of lacking legal capacity or
for any other reason beyond his control, the processing of his personal data is allowed to the
extent necessary and for the length of time such reasons persist, to protect the vital interests of
the data subject or of another person, or in order to prevent or avert an imminent danger
posing a threat to the lives, physical integrity or property of persons. Personal data can be processed only with the consent of the subject after being properly informed.
The personal data processed has to:
– be obtained and processed fairly and lawfully
– be accurate, complete and kept up to date if necessary
– be stored in a way that they can be identified only as long as necessary for the purpose of storing the data of the subject
Definitions:
– personal data: shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity
– the data subject’s consent: shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.;
– controller: shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law;
– processing of personal data (‘processing’): shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;
– processor: shall mean a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;
– third party: shall mean any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data
– the data subject’s objection: shall mean a declaration made by the data subject objecting
to the processing of their personal data and requesting the termination of data processing, as
well as the deletion of the data processed
– data transfer: shall mean ensuring access to the data for a third party
– data deletion: shall mean making data unrecognizable in a way that it can never again be restored;
15. Enforcement options:
The User can exercise his right through enforcement proceedings.
The subject has the right to request the relevant information about processing his personal data, and request correction of personal information, and – except for data processing provided by the law – the deletion of data through customer service.
Personal data will be deleted by Bentwire Ltd if their processing is unlawful, at the request of the subject, if the purpose of the processing no longer exists, or the deadline for processing, defined by law has expired, or if it is ordered by the court or the Privacy Commissioner.
The ballhead.eu informs the subject about the deletion and all those partners to whom the data was transmitted earlier.
The subject may object to the processing of his data if:
– the procession of personal data is serving only the rights or the rightful interest of the controller or the processor, unless it was ordered by law
– the purpose of processing or transmitting of the personal data refers to direct marketing and public opinion research or scientific research;
– exercise of the right to protest otherwise permitted by law
ballhead.eu shall – with the simultaneous suspension of the processing – examine the protest as soon as possible, but no later than 15 days and inform the subject about the result in written form, In case the protest if rightful, the controller suspends the procession of data, including further collection and transmission of it and the data shall be blocked, The subject, all the partners to whom the data in question was earlier transmitted and those ones who are obligated to take action on it will be informed about the objection and the about the measures taken.
If the subject does not agree with the decision made by the controller, he may initiate legal action within 15 days of being notified. These cases are under the jurisdiction of the court of Budapest.
ballhead.eu cannot delete the data of the subject if the processing was ordered by law. Data shall not be transmitted to the data receiver if the controller did agree to the protest and if the Court determined the objection justified.
In case of violation of the rights of data subjects he shall initiate legal action against the controller. The court shall give priority to the matter.
ballhead.eu recompenses the damages caused by unlawful processing of data of the subject or by the violation of the technical requirements of data protection. The controller shall be exempt from liability if the damage was caused by an unavoidable cause falling outside the scope of data procession. ballhead.eu will not reimburse any damage if the damage came from the injured party’s willful or grossly negligent behavior.
Complaints against the controllers data processing activity should be filed to the Office of the Privacy Commissioner:
Name: Nemzeti Adatvédelmi és Információszabadság Hatóság Budapest
Location: H-1055 Budapest, Falk Miksa u. 9-11
Mailbox: H-1363 Budapest, Pf. 9.
Phone: +36 1 391 1410
E-mail: ugyfelszolgalat@naih.hu
Web: http://www.naih.hu
Governing law:
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Act CXII. Of 2011. on the Right of Informational Self-Determination and on Freedom of Information (“Privacy Act”)
Personal data protection is a top priority for Bentwire Ltd. We are committed to handling the personal data of our users and customers in compliance with relevant legal and quality control regulations; thereby facilitating safe internet use and online shopping.
Bentwire Ltd. does not transfer information to a third party with the exception of subcontractors – e.g. carriers such as DHL, or similar– so that the delivery can be executed. Under no circumstances do the subcontractors use and transfer the given information to a third party.
Data Protection Acts
Act LXIII of 1997: law on personal and public data,
Act VI of 1998: protection of individuals regarding automatic processing of personal data, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data – Strasbourg, 28 January 1981;
Act CVIII of 2001: law on certain issues regarding electronic commerce services and information society-related services.
Data is protected by Bentwire Ltd. against unauthorized access, publication, modification, deletion both in network communication (online data management) and in data storage (offline data management).
Only authorized personnel and subcontractors (such as DHL, or similar) have access to private data complying with high levels of security control.
During registration Bentwire Ltd. only requests information that is necessary to fulfill an order.
Data processed during registration can be analyzed by Bentwire Ltd. for internal use and statistics.
The user agrees that Bentwire Ltd. manages, processes and stores their data for the above mentioned purposes.
The user acknowledges that they can modify or withdraw their consent to data management at any time; furthermore, they can request the correction or deletion of their personal data, and request information about data management.
Solicitations to modify data, withdraw consent or other requests related to data management should be sent to shop@ballhead.eu. Your request will be fulfilled within 14 days and a confirmation will be sent to your email address.
Legal redress: legal disputes concerning data protection fall under the jurisdiction of National Authorithy for Data Protection and Freedom of Information (www.naih.hu) or Metropolitan Tribunal of Budapest .