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Terms of service

1. GENERAL INFORMATION

1.1. Scope of the Terms and Conditions

Welcome to the webshop of the brand FANNA at http://fannapolewear.com (here in after the “Webshop”). By purchasing the goods offered, you accept the present Terms and Conditions (hereinafter the “TC”). The TC shall apply to all contractual relationships came into being via the Webshop. Therefore, please read the below clauses carefully.

The present TC is effective as of 01.12.2018. until withdrawal. The service provider reserves the right to modify any part of the TC at its sole discretion, by posting the consolidated version of the amended TC to the Webshop. Each order shall be governed by that version of the TC which is available at the Webshop when the given order is placed.

1.2. Information on the service provider (hereinafter: “FANNA”)

Name of the service provider: FANNA polewear Kft.

Registered office and postal address: Kertész u. 41. 2.em., 7.a. Ring: 27, 1073 Budapest, Hungary

E-mail: shop@fannapolewear.com

Registration authority: Belügyminisztérium, Magyarország

Tax number: 29222096-2-41 

EU tax number: HU29222096

Name of the professional body (chamber) with which the service provider is registered: Budapesti Kereskedelmi és Iparkamara(1016 Budapest, Krisztina krt. 99., Hungary) 

Registered office and contacts of the entity providing data hosting services: DomainTank Informatikai Kft. Registered office: 2120 Dunakeszi, Kadosa Pál u.3. ¼

1.3. The products offered

In the Webshop, you can purchase designer sportswear and ready-to-wear clothes. The products purchased on the Webshop are directly sold by FANNA. The essential features, characteristics of the products and instructions for their use can be found on the information page of the product concerned. 

2. USAGE OF THE WEBSHOP

2.1. Ordering process 

The following steps are to be taken in order to conclude the contract:

Choosing a product and adding to Cart

On the Webshop, you can choose the products to be purchased, the size and quantity. It is possible to purchase one or multiple items during the same ordering process. After selecting the required items and data, you can put products into the Cart. The actual content of the Cart can be checked by clicking on the Cart icon.

In your Cart, you are free to delete any item or modify the quantity by clicking on the Remove or Update chart. Please note that the items selected are not reserved to you and may be purchased by other customers also. 

Placing an order 

You can place an order by clicking on the Proceed to checkout icon in your Cart. After this, you will have to provide FANNA with your billing and delivery data. During the ordering process, you are responsible that the information provided about yourself is true, accurate and complete. FANNA shall be not responsible for any change in your information, intervened before the delivery of the products ordered. 

When placing an order, the item selected, its price and the applicable shipping fee (if any) will be indicated.

Please note that only customers older than 18 years are allowed to place an order. Besides, FANNA is entitled to refuse all orders placed via the Webshop which are aiming to support your or any third party’s commercial activity. FANNA is selling its products via the Webshop only in small quantities. Should you have any commercial inquiry, please feel free to contact FANNA directly via e-mail: shop@fannapolewear.com

Order completion and payment 

As for the available payment method; you can pay the total price of your product online via PayPal, by clicking on the Complete order button which will navigate you to the payment gateway page. 

While completing your order, by navigating through the pages “Cart → Customer information → Shipping method → Payment method”, you always have the possibility to edit the information previously provided and navigate back to the previous page. 

Order confirmation

After the order completion and payment, you will receive an order confirmation via e-mail without delay which will contain the summary of your purchase. Besides, the payment gateway service provider will also send you an e-mail confirmation. 

Please note that FANNA shall be not liable for non-confirmation or late confirmation, if it is due to an incorrect e-mail address provided by you during the ordering process, or that your e-mail inbox is full or in case of any other technical issues emerging on your side. 

Please note that FANNA reserves the right to: 

  1. reject any order which has been already confirmed. In such case FANNA will inform you without delay and will also refund the whole amount already paid by you without delay, but not later than 30 days.
  • correction, in case any defect occurs in the Webshop in relation to the products or the prices. In such case FANNA informs you about the new data without delay. You can then confirm your order once again, or any party is entitled to withdraw from the contract. 
  • restrict multiple quantities of an item shipped to any one customer or postal address. FANNA may, in its sole discretion, limit or cancel quantities purchased per customer. In such cases FANNA will inform you without delay. 

Shipping

The ordered product will be shipped to the delivery address provided by you during the ordering process. 

You will also receive an e-mail confirmation when the items are dispatched to you.

For more information on the conditions of shipping, please see the below clause 4. of this TC (“Shipping Policy”).  

2.2. Correcting input errors

All along the ordering process, you have the possibility to correct all input errors until the order completion and payment (e.g. by updating your Cart or deleting any item from your Cart). 

2.3. Other information in relation with the ordering process 

The contractual relationship between you and FANNA is entered into only in electronic form and shall not be considered as a written recorded contract. The present TC is available to you in English and Hungarian. In case of legal dispute or problems of interpretation, the Hungarian version shall prevail. The language of the contractual relation between you and FANNA is [Hungarian/ English]. FANA has not undertaken to be bound by any code of conduct.

Please note that FANNA is entitled to suspend or to refuse to sell goods / to provide services, if you intend to purchase or use such goods / services in contradiction with the provisions of the present TC, or if FANNA, a payment gateway service provider or any authority is investigating a supposed misuse.

3. PAYMENT TERMS

3.1. Amounts to be paid

For completing your order, the following amounts shall be paid in relation with the item ordered: 

  1. the purchase price of the product, provided that it includes the packaging suitable for shipping, and
  • the applicable shipping fees (if any), displayed separately.

The purchase price and shipping fees indicated in the Webshop are gross amounts. However, as for destination countries outside the EU, the shipping fees do not include any duties, taxes, or clearing charges levied by these countries. These charges are falling under your responsibility and may vary from country to country. FANNA cannot predetermine what these charges will be. The charges may be billed directly to the customer by the destination’s customs authority, or may be billed to the customer through the shipping company. FANNA suggests that you call your local customs office if you would like more information on customs duties in your country.

3.2. Currencies and payment method

The default currency in the Webshop is HUF, but you can switch the currency to other available options included in the list. FANNA process the orders in HUF. In case the items in the Cart are displayed e.g. in EUR or HUF, you will also checkout using HUF at the most current exchange rate.

FANNA accepts PayPal Check out, VISA, MasterCard/Maestro and American Express debit cards and any other payment methods which may be expressly indicated in the Webshop from time to time. The payment gateway of the Webshop is powered by PayPal.

Please note that FANNA shall not be liable for any delay or non-delivery in case the issuer of your payment card refuses to authorize the payment to FANNA.

3.3. Other questions 

We e-mail you the invoice you won’t find it in the package. Please do not print it.

FANNA shall be not liable for refusing the order and delivery of a product which was ordered at a clearly incorrect purchase price indicated in the Webshop (e.g. an incorrectly low purchase price due to an eventual system malfunction). The order confirmed by FANNA at a clearly incorrect purchase price shall be deemed as a null and void contract. In such cases FANNA offers to deliver the product at the correct purchase price and you are entitled to withdraw your order concerning that product.

4. SHIPPING POLICY

4.1. General information regarding shipping

FANNA is shipping worldwide.

The delivery of the products is made by DHL, TNT and MPL. Shipping to P.O. Box addresses is not possible.

4.2. Shipping fees and delivery times

The applicable shipping fees are the following:

 Magyarország FREE
 

Germany,

Austria

Worldwide
Order value 0-150 EUR 19 EUR 29 EUR
Order value above 150 EUR FREE
FREE

The applicable delivery times are the following:

0-3 weeks

OR

The detailed and actually applicable shipping terms can be found on the Webshop. 

FANNA is aiming at fulfilling your order in the time scale indicated but cannot take responsibility if the delivery time is longer than indicated and cannot take responsibility for late deliveries due to circumstances outside of its control. FANNA will do its best to inform you of any unexpected delay.

Please note that the above delivery times do not include Saturday, Sunday, and national / bank holidays or other non-working days of Hungary. 

4.3. Shipping fees in case of returns

In case of returning products to FANNA, you shall pay for such shipping fees and you may choose any delivery company you wish. 

In case of returning a defective item, the shipping fee related to the return is paid by FANNA. 

5. RETURN POLICY

5.1. Right of withdrawal within 14 days

You have a right of withdrawal which you can announce without reasoning within 14 (fourteen) days following the reception of the item ordered. You may announce this right in an expressed statement sent to the e-mail address: shop@fannapolewear.com of FANNA within the above 14 (fourteen) day deadline. 

In such case, you shall send back the concerned item to FANNA without delay, but not later than within 14 (fourteen) days from the announcement of your withdrawal. This deadline shall be regarded as being complied with if you dispatch the given item before the 14 (fourteen) days expired. You shall send back the item via the courier service chosen by you and you will be responsible for all return shipping costs. FANNA shall not pay for the shipping fees, unless the product is defective and this is the reason of the return. 

Delivery address of all returns:

Kertész u. 41. 2.em., 7.a., Ring: 27, 1073 Budapest, Hungary

5.2. Refunds/Returns

As soon as FANNA receives the returned item, a quality control procedure takes place in order to determine the appropriateness of the returned item. 

Please note that you are responsible for the amortization of the products as a result of the use of the product which exceeds the necessary measure in order to assess the nature, the characteristics, and wear/operation of the item. Returned items that are used in excess of the above or damaged may not be accepted and your refund shall be partially or entirely refused. FANNA will notify you on the approval or partial / entire rejection of your refund within 30 days from the receipt of the returned product.

In case of acceptance, FANNA shall refund the reduced or full amount (initially paid by you in connection with the returned item) in the same way as the original method of your payment was made. However, unless the item is defective, this refund shall not include the shipping fee paid by you in relation with the return. Besides, the basis of all refunds is the original price that you have paid for the purchased item, i.e. in case of a sale item FANNA will be able to refund maximum the sale price of the given item.

 

5.2.1. RETURN:

We are sorry to hear that your FANNA pieces did not turn out as expected! 

If you wish to exchange or return your beautiful pieces, you can do so by filling out the official return and submitting it / sending it along with your items within 14 days after you have received your package. We would love to hear your honest feedback on the items, it might be something we can work on and improve! 

Please note that all further costs of the return shall be covered by the returner (including shipping and other customs/taxes that might occur upon the shipment's arrival to Hungary).

CLICK HERE FOR THE OFFICIAL RETURN FORM  

By submitting a return you accept and understand the terms and conditions of the return process detailed below! 

Returns are accepted only to the following address:

FANNA Polewear Kft.

1073 Budapest, Kertész u. 41, 2 em, 7 a.

+36306387741

shop@fannapolewear.com

Please note that if the package was not sent directly to the above stated address, FANNA is not obligated to go and collect the returned shipment from the main post office.

 

5.2.2. SHIPPING FEES IN CASE OF RETURNS

In case of returning products to FANNA, the returner is obligated to pay the shipping fees and may choose any delivery company.  In case of returning a defective item, the shipping fee related to the return is paid by FANNA.

 

5.2.3. AMOUNTS TO BE PAID

Besides the shipping costs of the returned item, other customs/taxes might occur upon the shipment's arrival to Hungary. The returner is obligated to cover all extra costs of the return that might occur. FANNA suggests each returner to call the local customs office prior to sending the package, in order to receive more information on customs duties in arrival country. 

 

5.2.4. RIGHT OF WITHDRAWAL

The right of withdrawal stands within 14 (fourteen) days following the receivement of the item(s) ordered. FANNA shall be informed by the return via submitting the official return form stated below and the items shall be returned within 14 days to the return address. Any items returned exceeding the deadlines described  will not be eligible for a refund.

Please note that personalized orders do not fall under the right of withdrawal. 

 

5.2.5. CHOICES OF RETURN:

Exchange/Voucher

In case of the product exchange, the return of the unwanted original item is obligated prior to the exchange. As soon as the returned items are received and inspected, FANNA will notify the returner on the approval or partial/entire rejection of the product exchange and a voucher in the price of the returned item(s) will be forwarded with no due date to be used upon the offical site of the www.fannapolewear.com

Please note: in case of choosing a voucher the shipping cost will not be deducted from the final price. 

 

Refund

As soon as the returned items are received and inspected, FANNA will notify the returner on the approval or partial/entire rejection of your refund within 30 days from the receipt of the returned product.

In case of acceptance, FANNA will refund the partial or full amount in the same way as the original method of your payment was made. However, unless the item is defective, this refund shall not include the shipping fee paid by you in relation to the return. The basis of all refunds is the original price that was paid for the purchased item.

Please note: if the order does not reach the 150 EUR (free shipping) limit without the returned items, the shipping cost initially paid when placing the order will be deducted from the return.  

If you wish to exchange or return your beautiful pieces, you can do so by filling out the official return and submitting it / sending it along with your items within 14 days after you have received your package. We would love to hear your honest feedback on the items, it might be something we can work on and improve! 

Link for the return form: https://www.fannapolewear.com/pages/return 

 

5.3. Excluded cases

Any item returned exceeding the deadlines described in clause5.1. will not be eligible for a refund.

Please note that you are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalized to you.

Please also note that the right of withdrawal cannot be exercised by a non-consumer entity (i.e. by an enterprise).

5.4. Exchange

If besides exercising your right of withdrawal, you would like to exchange the product ordered as well, please indicate it in the announcement to be sent within 14 (fourteen) days following the reception of the item ordered, as described in clause 5.1. herein above.

In such case, provisions set forth in the present clause 5 (“Return Policy”), including in particular the deadlines, conditions of refund and excluded cases shall also apply (with appropriate modifications) for exchanging a product. 

If you wish to proceed to an exchange, you will need to return the unwanted original item for a refund, and place a new order.

6. LIABILTIY

6.1.Liability for defective items

Liability for defective items (in Hungarian: “kellékszavatosság”) means that in case of defective performance (in Hungarian: “hibás teljesítés”) you are entitled to make a claim for defective items against FANNA, as set forth by the Hungarian Civil Code. 

Upon your request, you are entitled to make the following claims: if an item is defective due to a manufacturing fault, FANNA will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired it by yourself or a third party and FANNA shall pay for the repair, or to a full refund. Please note that you are not entitled to a full refund if the lack of conformity is minor. You are entitled to modify your claim chosen, but you are responsible for the costs imposed by this modification, except it was caused by FANNA.

You shall inform FANNA about the defect without delay, but not later than within 2 (two) months from the date of its discovery at the latest. Your right to make a claim for defective items shall lapse after 2 (two) years from the delivery date.


In the absence of proof to the contrary, any lack of conformity detected by you within 6 (six) months of the date of delivery shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the item or the nature of the lack of conformity.


6.2. Product guarantee

All private person purchasers shall also have a right to make a claim against FANNA for defective products as described in the present clause. Product guarantee (in Hungarian: “termékszavatosság”) means that if a product is defective, you are entitled only to choose to have it repaired by FANNA or require FANNA to exchange the product. 

You shall inform FANNA about the defect without delay, but within 2 (two) months from the date of its discovery at the latest. You are required to prove the defect and the product is deemed to be defective only if (i) it does not meet the quality requirements applicable by law to the particular product, or (ii) it does not have the characteristics set out in the description of the product delivered by FANNA.


You are entitled to make your claim against FANNA within a 2 (two) year period following the date of delivery.

Please note that you need to choose between your rights described in clauses 6.1. and 6.2., i.e. making a claim against FANNYNAGY on the basis of the liability for defective items (in Hungarian: “kellékszavatosság”) or product guarantee (in Hungarian: “termékszavatosság”).

6.3. Other questions

In connection to clauses 6.1. and 6.2.

The above provisions in clauses6.1. and 6.2. shall apply only to consumers. (Consumer is a private person acting out of the scope of his/her profession or his/her business activity. As for non-consumer buyers, different provisions of the Hungarian Civil Code shall apply.)

Please note that FANNYNAGY is not liable for damages resulted from natural amortization or negligent use or any other treatment that is not suited to the product description.

In connection with data provided by you

If you provide invalid or non-existent data during the ordering process, the contract with FANNYNAGY shall be considered as null and void. FANNA shall not be liable for late delivery if it was caused by incorrect and incomplete data provided by you.

Limitation of liability

Please note that FANNA is not liable for the case when its suppliers do not fulfill their obligations towards FANNA or do not fulfill their obligations according to the relevant contract. FANNA also reserves the right to partially or entirely refuse the confirmed order, after consulting with you.

The liabilty and losses and damages to be eventually compensated by FANNA is the amount you have paid for the goods / services. FANNA is not responsible in any case for reasonably unforeseeable losses and damages.

The risk of loss and title for the items ordered pass to you upon the delivery to the carrier. 

FANNA cannot guarantee that the Webshop will operate continuously without any interruptions and errors due to the connection to the Internet or to any circumstances falling under the scope of responsibility of third parties, such as the entity providing data hosting services.

7. MISCELLANEOUS

7.1. Complaints

FANNA will seek to achieve a friendly settlement of any complaint you may have through negotiation. You may announce your complaint any time in writing via the e-mail address of FANNA: shop@fannapolewear.com

FANNA will answer every written complaint in writing without delay, but not later than within 30 (thirty) days from reception. In case FANNA does not accept your complaint, it will give a reasoning thereof.

Besides, you can turn with your complaint also to the below competent bodies. 

  1. The competent unit of the Hungarian Consumer Protection Authority:

Budapest Főváros Kormányhivatala, Fogyasztóvédelmi Főosztály

Address: 1051 Budapest, Sas u. 19. III. emelet

Phonel: +36 1 450 2598

E-mail: fogyved_kmf_budapest@bfkh.gov.hu

  • The Hungarian Conciliation Bodies:

Budapesti Békéltető Testület

Address: 1016 Budapest, Krisztina krt. 99.

Phone: +361 488 2131

Fax: +361 488 2186

E-mail: bekelteto.testulet@bkik.hu

All Hungarian Conciliation Bodies are listed at:

http://www.fogyasztovedelem.kormany.hu/node/8579

7.2. Applicable law and jurisdiction

The present TC, as well as the contractual relationship between you and FANNA shall be governed by the laws of Hungary. Any dispute between you and FANNA shall be submitted to the competent Hungarian courts.

7.3. Intellectual property

All content included on the Webshop and / or relating to the products and services of FANNA in any manner, such as texts, logos, brand name, graphics, designs, images, photos, videos, audio clips, etc. are the property of FANNA or its content suppliers and are subject to copyright protection. By purchasing a product, you do not acquire any ownership of intellectual property. 

7.4. Data protection

For data protection related information, please see the separate Privacy Policy.

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