Terms & Conditions
Company: BDS Contract 2014 Ltd. (Registered seat: H-1136 Budapest, Pannonia str 17/b, apt 3/1. Reg Nr: 01-09-383560, EU VAT: HU-29213964)
Customer: the person or company named in the Sales invoice or Quotation issued for the Goods by the Company.
Delivery Date: the date on which the Goods leave the Company’s / Manufacturer’s premises or other premises.
Invoice Value: the amount stated in the Company’s invoice for Goods ordered by the Customer.
Explanatory Material: drawings, specifications, explanatory literature and any other materials prepared by the Company for descriptive or explanatory purposes.
Goods: those goods ordered by the Customer from the Company.
Price: the price for Goods contained in the Quotation, or Official Invoice.
Quotation: a quotation submitted by the Company to the Customer for Goods.
Our Quotations are declarations without commitment, which are valid until the date indicated on the offer, but maximum 30 days from the date of Quotation. The currency of the Quotation is EUR.
The Company may vary these conditions by agreement only in writing with the Customer. An order placed by the Customer under a Quotation is not binding on the Company until accepted in writing by the Company.
Unless stated otherwise, all prices exclude VAT, customs duties, delivery & installation service charges, delivery extra packaging surcharges and government taxes (GST), if any, are payable by the Customer.
Please ask for a quote for delivery and/or installation – prices depend on distance, volume and time on site. Quoted prices may alter if the details of a delivery or installation change.
- Orders, Dispatch and Delivery
Orders are valid when: (a) the ordered items are finalized, (b) the Client had returned the signed Order form (including e-mail) and (c) the Company had received on its bank account the Advance/ Full payment – according to the Order form. Since goods are made per order, orders for Goods cannot be suspended or cancelled except with the Company’s consent. The Customer shall pay all reasonable expenses incurred by the Company due to the Customer’s suspension or cancellation.
Delivery shall be started only upon receiving the full contract amount. Delivery Dates are estimates only and the Company is not liable for any loss or damage for failure to deliver by those dates.
The Company may make part deliveries of any order and render an invoice to the Customer for the Goods delivered. Failure to make delivery of the total order will not invalidate the sale.
Products are sold on a non-return basis and unless damaged, faulty or incorrectly delivered cannot be returned. All returns must receive the prior approval of the Company. The Company reserves the right to inspect Goods to be returned. Goods must be returned according to the Company’s procedure for returns for credit or replacement.
The Customer must retain signed return documentation as proof of a return.
Unless damaged, faulty or incorrectly delivered, a re-stocking fee of 15% applies to all Goods returned and it is deducted from the original payment.
Unless otherwise agreed the customer must pay a deposit equivalent to 100% of the total value of the order at the time of order placement, the balance –in case there is— due prior to shipment to The Company’s bank account.
Any Goods returned or to be returned by the Customer under clause 5 does not alter the payment terms on an invoice.
- Risk and Ownership of Goods
The Company’s responsibility for and risk in the Goods ends on the Delivery Date. The Ownership of the Goods delivered by the Company to the Customer remains with the sole property of the Company until the Customer has made full payment for all Goods whatsoever sold by the Company to the Customer, under these conditions or any other contract or agreement.
- Damage, Shortage, Loss In Transit
The Customer must advise the Company of any damage or shortage of Goods within 2 days after the Delivery Date, otherwise no liability will be accepted.
Upon receiving the Goods, the Client must inspect the packages, and all packaging damages or shortage must be recorded (possibly pictures taken), on the CMR and/or the accompanying official Transport documentation.
- Faulty Goods
All damaged Goods or Goods of faulty manufacture (excluding unavoidable imperfections, see in clause 10. Warranties) will be credited or replaced if the Company is advised within 7 days after the Delivery Date, and the faulty Goods are made available for inspection and return. The Company’s liability is limited (at the Company’s election) to: replacing the faulty Goods; or the cost of obtaining equivalent products; or the cost of having the faulty Goods repaired.
The Company will not be liable for any special, exemplary, punitive or consequential loss or damage (including without limitation, loss of profit, loss of opportunity and loss of goodwill) incurred by the Customer either directly or indirectly in connection with the supply of Goods.
The Goods are warranted for a period of 2 years from the Delivery Date in respect of the frame and craftsmanship under normal use and proper care. The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. All warrantee claims require photograph of the warrantee problem and a copy of the original invoice. Warranty is voided if the merchandise is transported to a different location from the final delivery address.
The color, texture and composition of fabric or wood may vary from the products displayed due to dye lot variations and natural timber variations. Due to the many variations in monitors and browsers, color samples may appear different on different monitors. Computer monitors are not all calibrated equally and color reproduction on the Internet is not precise.
Natural materials (wood, leather) have their specific look – have natural markings, cracks and color variations due to the nature of the product; these are the characteristics of a natural product and not defects or signs of damage.
Warranties do not apply to:
Defects or damage arising from negligence, abuse, misuse or alteration, including (but not limited to) improper maintenance, exposure to water, direct sunlight, coastal air, chemicals, accidents, any use for which the product was not designed, nor does it cover ordinary wear and tear and failure to comply with Company’s care instructions or specifications. Extreme use is considered damage caused by more than normal wear and tear this includes:
Solvent and/or other spills, Ink, Pen or crayon marks; Paint, Body fluids (human or animal); Improper cleaning techniques; Placing furniture— that are not specifically marked as outdoor— outdoors in direct sunlight or in close proximity to an open heat source -heaters, fireplaces, braai stands.
The Customer cannot use the Company’s trademarks and trade names without the prior written approval of the Company.
- Explanatory Material
Explanatory Material provided to the Customer does not bind the Company and does not constitute any form of representation by the Company. The Company may amend its Explanatory Material without notice to the Customer.
The Company is not responsible for any lack of operation or performance of the Goods (and any loss or damage) where they are used or adapted for a purpose for which they were not designed; combined or integrated with other products not manufactured by the Company.
- Force Majeure
The Company is not liable for any failure to comply with these conditions where the failure is due to circumstances which are not directly within the Company’s control, including, but not limited to, acts of terrorism, natural disaster, industrial action, or a failure of a supplier, public utility or common carrier.
- Governing law
Any agreement or contract between the parties shall be subject to the laws of Hungary, and the Hungarian Civil Code.
Online dispute resolution platform: The European Commission has created a website where consumers can register, so they have the opportunity to resolve their legal disputes through it. In case of a complaint, you can use the online dispute resolution tool. The online dispute resolution platform is available here: https://ec.europa.eu/consumers/odr.