General Terms & Conditions
Last modification: 30/11/2022
These General Terms & Conditions (hereinafter referred to as “GTC”) include the terms and conditions of use of services available at shop.biotechusa.com and the website specified below (hereinafter referred to as “Webshop”) by the user (hereinafter referred to as “Customer”), which use is irrespective of registration.
DATA OF THE SERVICE PROVIDER
- Name of the service provider: Biotech USA Kft.
- Registered office of the service provider: Husztiút HU-1033 Budapest
- Represented by: Lévai Bálint
- Company Registration Number / Registration Number: 01 09 352550
- Tax Registration Number(s):25114681-2-44
- Electronic mailing address of the service provider frequently used for communicating with the users: email@example.com
- Telephone number: +36 1 453 2716
- Language of the contract: English
Name, address and e-mail address of the hosting provider:
- Name: DoclerNet Hosting Korlátolt Felelősségű Társaság
- Seat: 1101 Budapest, Expo tér 5-7.
- Address: 1101 Budapest, Expo tér 5-7.
- E-Mail address: firstname.lastname@example.org
Matters not regulated by the GTC and the interpretation of the GTC shall be governed by the law of Hungary, especially by the provisions of Act V of 2013 on the Civil Code (hereinafter referred to as “Civil Code”) and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (Electronic Commerce Services Act) and Government Decree No. 45/2014. (II. 26.) on Detailed Rules Governing Contracts Concluded Between Consumers and Businesses. The obligatory requirements of the applicable legislations shall be deemed to govern the parties without further stipulation.
These GTC shall take effect as of 21/06/2021 until withdrawal. The Service Provider is entitled to unilaterally modify these GTC and the Customers shall be informed thereof via the Webshop.
Should any questions arise in connection with the operation of the Webshop, the ordering and delivery process, the Service Provider may be contacted by the Customers via the contact information.
The Service Provider maintains all rights regarding the Webshop, any of its details, the contents displayed and the distribution of the Webshop. It is prohibited to download the contents displayed at the Webshop or any parts thereof, it is prohibited to electronically store or process such or to sell them without the written consent of the Service Provider.
The Service Provider does not enter into agreements with minors. By accepting these GTC, the Customer declares to be of legal age.
These GTC are constantly available at the Webshop.
TERMS AND CONDITIONS AND THE PROCESS OF ORDERING
Choosing the product
The buyer has the option to choose and order the store’s products. The buyer may view a more detailed description of the product by clicking on the selected product. If the buyer wishes to purchase a product, the product shall be added to the virtual cart by clicking on “Add to Cart”. By clicking on the Cart’s button “View”, you can view the products that you have added to you cart during shopping and you can also view the total amount of the invoice. Thereby the correctness of your order, in particular prices and quantities, may be verified which you may modify or correct according to your requirements. The total price of the order is calculated automatically.
Submitting the order
If you are satisfied with the quantity of the products that you have added to the cart, you have verified the total price of the products and you have decided to buy them, just simply click on “Checkout”. On the “Checkout” page you will see the shipping fee of the products added to the cart. Thereafter you can decide whether you wish to log in as a registered buyer or you wish to sign up as a new customer or you may purchase goods without signing up.
If you have previously purchased products in our webshop, please provide your email address and password you have entered during your previous registration. If you wish to sign up as a new customer, please provide your data necessary for the purchase which will be stored by the system – in case of your permission – thus when placing a new order you only need to sign in. In case of ordering without registration, please provide your billing and shipping address.
In the next steps you have to choose the shipping method (courier company) and the payment method (PayPal, SimplePay). Then you can verify your order by clicking on the button “Order Summary”. If you approve the content of your order, please click on the button “Completing your Purchase” to submit your order.
Our prices are the list prices valid at the time of the order which are indicated next to the products in the webshop (shop.biotechusa.com). The prices are gross prices, they are inclusive of VAT; however, they do not include the costs of shipping. The costs of shipping can be found at the Checkout before completing your purchase and in the Shipping section below. If there are any mistakes or deficiencies regarding the products or the prices in our webshop, we reserve the right to make corrections. In such case, after such mistake is detected and corrected, we inform the buyer of the new details without undue delay. Buyer then has another opportunity to confirm the purchase or the contract can be cancelled by any party.
Processing the orders
Orders are processed within 72 hours on workdays.
Correcting the provided data
You may rectify any incorrect data before clicking on “Completing your Purchase”.
We confirm each and every order via email. This means that you will receive an automatic email after you placed the order regarding the receipt of your order and (later) you will receive another email regarding the expected time of delivery. In case of a problem, please write an email to email@example.com or contact us in the chat window on the website.
In our webshop, you have the option to make payments with cards via SimplePay or you can pay with Paypal.
Our webshop offers its customers a secure payment method via SimplePay services provided by OTP Mobil Kft.
Everybody shall have the right to use SimplePay services if he or she agrees to comply with the provisions of the GENERAL TERMS AND CONDITIONS OF USE REGARDING SIMPLEPAY SERVICE SERVICES of OTP Mobil Kft. (hereinafter referred to as Simple GTC) and if provides the data necessary for the transaction.
Accepted cards: Visa, MasterCard, American Express, Visa Electron*, Maestro*.
*In case of such cards, the bank issuing the card stipulates whether the card can be used on the Internet. If the issuing bank has enabled such activity, the system can accept the card.
There are no additional charges to be paid to OTP Mobil Kft. by the buyer for using SimplePay services.
- a) Buyer prepares its order in the Webshop.
- b) By clicking on “Completing you Purchase” on the online platform of the Webshop, buyer gets connected to the SimplePay system.
- c) On the online platform of the SimplePay system, buyer is directed to a secure payment platform operated by OTP Mobil Kft. where buyer provides its card details. The SimplePay system does not store the buyer’s card details and OTP Mobil Kft. cannot access them later.
- e) OTP Mobil Kft. forwards the transaction with the provided card details to have it authorized by the bank. If such authorization is successful, the value of the order is blocked/debited to buyer’s card by buyer’s bank.
- f) Then OTP Mobil Kft. confirms via email that buyer has performed its payment obligation towards BioTech USA Kft.
- g) OTP Mobil Kft. notifies BioTech USA Kft. about the transaction and BioTech USA Kft. fulfils the order based thereon.
Our webshop offers its customers a secure payment method via PayPal too. This is possible without a PayPal account.
- a) Click the PayPal Smart Buttons.
- b) Log into PayPal.
- c) Approve the transaction on PayPal.
Or use the PayPal without account: Enter your name and shipping address, credit card, email address, and phone number (optional) and decide on registration later.
Orders are shipped and delivered via a courier company. The time of delivery will be communicated by the store during the Checkout and it is also included in the confirmation email.
Methods of delivery: Courier company
Time of delivery: Within 3-8 working days.
Cost of delivery:
Bulgaria: 6,99 EUR. Courier: GLS. Free shipping above 60 EUR
Czech Republic: 3,99 EUR. Courier: GLS. Free shipping above 50 EUR
Estonia: 8,99 EUR. Courier: GLS. Free shipping above 60 EUR
Finland: 10,99 EUR. Courier: GLS. Free shipping above: 90 EUR
Latvia: 7,99 EUR. Courier: GLS. Free shipping above: 60 EUR
Lithuania: 7,99 EUR. Courier: GLS. Free shipping above 60 EUR
Luxembourg: 7,99 EUR. Courier: GLS. Free shipping above 60 EUR
Netherlands: 5,99 EUR. Courier: GLS. Free shipping above 75 EUR
Portugal: 9,9 EUR. Courier: GLS. Free shipping above 50 EUR
Slovenia: 4,99 EUR. Courier: GLS. Free shipping above 50 EUR
Sweden: 10,99 EUR. Courier: GLS. Free shipping above 90 EUR
Cancelling the delivery
If the webshop fails to fulfil its obligation assumed in the contract because the product described in the contract is unavailable and it cannot provide the ordered services, it shall notify the buyer thereof. No contracts are concluded with minors. Buyer declares that he or she is of legal age by approving the commercial terms and conditions.
The product may only be returned in its unopened original condition and packaging and in their original quantity and quality.
Right of cancellation / Return guarantee
You shall have the right to cancel the contract without specifying a reason within 14 days. Similarly, in case of a contract for services, the provision of services has commenced, you are entitled to cancel such contract without specifying a reason within 14 days.
The notice period for cancellation/termination of the contract regarding the sale and purchase of a product shall "expire after 14 days from the day on which you or a third party, other than the carrier, indicated by you receives the product."
If you wish to exercise your right of cancellation/termination, you shall send a clear statement of your intention to cancel/terminate the contract to the following e-mail address: firstname.lastname@example.org
You exercise your right of cancellation/termination within the deadline if you send your notice of cancellation/termination before the expiration of the deadline specified above.
Legal consequences of the cancellation/termination
If you cancel this contract, we will refund any and all compensation, including the costs of delivery (except for the additional costs incurred by you if you did not choose the cheapest, default shipping method offered by us), without delay, but no later than 14 days following the receipt of your notice of cancellation. When giving a refund, we use the same payment method that was used for the original transaction, unless you explicitly consent to another payment method; you will not be charged any additional costs due to such refund method.
If the product has been delivered and you do not wish to keep the product, you have to return the product to us at your own expense.
You do not have the right of cancellation regarding our perishable products or products having a short shelf life or regarding those that have already been opened.
Objections and complaints with regard to ordering clothes
Pursuant to Government Decree No. 45/2014 (II.26.) on the Detailed Rules of Contracts between the Consumer and the Entrepreneur, the customer may withdraw from the purchase within 14 calendar days, without specifying a reason.
b. Return of Goods
Should the Consumer wish to exercise his/her right to withdrawal, he/she shall send a statement containing a clear indication of his/her intention to withdraw from the purchase to the Service Provider (by mail or electronic mail) to the contact details specified in Section 1 of the General Terms and Conditions or shall fill out the return form available on the website of the Service Provider.
Returning Clothing Items:
- Please fill out the return form of clothes available at the link below: https://shop.biotechusa.com/pages/clothing-return.
- Provide your details and select a reason which the most accurately explains why you have decided to return the item or indicate your firm and clear intention of return to our customer service.
- Place the items to be returned in secure packaging (we recommend to use bags/boxes in which you received your order). Our customer service will contact you in order to arrange the exact details of the return.
- If you have paid for your order in cash, please provide the bank account number on the return form to which you wish to receive the refund.
- If you have paid your order by card, the balance will be refunded to the card used upon payment.
Unfortunately, returned goods cannot be directly exchanged, in such cases, please fill out the return form and order the product again.
d. Restricted Returned Goods
Items as underwear and face masks cannot be returned due to hygiene reasons.
Swimwear may only be returned if hygiene stickers are not removed, in an excellent, original condition.
Please do not remove labels from the returned clothes if the reason of return makes that possible.
e. Size Guide
A detailed size guide is available on our website for all clothing items which contain the measured details of the product.
f. Material Composition, Washing Instructions
A detailed description of material composition, origin and care and cleaning instructions is available on our website for all products.
g. Further questions that may arise in connection with returning clothing items
- How will the price of returned clothing items be refunded?
In case of payment by card, the balance will be refunded to the card used upon payment.
In case of payment in cash upon delivery, the balance will be refunded to the bank account specified upon returning the products for which your bank details must be provided on the return form.
- What happens to returned clothes?
Products are thoroughly checked and inspected upon return. Products without defects will be repackaged so they can find a new owner. Certain returned items are so defective that they cannot be sold again. Such items will be forwarded to our partners in order to be recycled. Sustainability is of key importance.
Warranty for defects
In which case can you exercise the warranty right for defects?
In case of faulty performance by BioTech USA Kft., you may enforce your warranty claim for defects pursuant to the provisions of the Civil Code.
What rights do you under your warranty claim for defects?
You may enforce the following warranty claims for defects – depending on your decision:
You may request a repair or replacement unless it is impossible to fulfil the claim you have chosen or it would cause disproportionate costs for the company compared to other claims. If you did not request or cannot request a repair or replacement, you may request a pro-rata reduction of the price or you may repair the defect or have it repaired at the expense of the company, or you may – as a final solution – cancel the contract.
You may choose another warranty right for defects, other than you previously chose, however, the costs of such transition shall be borne by you, unless such transition was justified or it was caused by the company.
What is the deadline for enforcing your warranty claim for defects?
You shall report the defect immediately upon discovery, but no later than two months after it is discovered. However, you shall note that you will no longer be able to enforce your warranty claim after the two-year limitation period elapses following the performance of this contract. In case of used products, such deadline shall be one year.
Considering that our company also distributes food products, warranty claims for food products cannot be enforced after the shelf life of such product expires.
Against whom can you enforce your warranty claim?
You may enforce your warranty claim for defects against the company.
Are there any additional conditions applying for the enforcement of warranty claims?
Within six months from the date of the performance, there is no other condition for enforcing your warranty claim for defects if you certify that the product or service was provided by BioTech USA Kft. However, after six months from the date of the performance, you shall prove that the defect you discovered was present at the time of the performance.
In which cases can you exercise your product warranty right?
In case of defects of personal properties (products) you may exercise your right set forth by Section 1 or you may enforce a product warranty claim – depending on your choice.
What rights do you have under your product warranty claim?
You may request the repair or replacement of a defective product as a product warranty claim.
In which cases is a product considered to be defective?
A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market, or if it does not have the characteristics given by the manufacturer.
What is the deadline for enforcing your product warranty claim?
You may enforce your product warranty claim within two years after the product was placed on the market by the manufacturer. Thereafter you no longer have such right.
Against whom can you enforce your warranty claim and on what other conditions?
You may only exercise your product warranty right against the manufacturer or distributor of the personal property. In case of enforcing a product warranty claim, you shall prove that the product is defective.
In which case is the manufacturer (distributor) exempt from the obligation of product warranty?
The manufacturer (distributor) is exempt from the obligation of product warranty if it is able to prove that:
- the product was not manufactured or placed it on the market under its scope of business activity, or
- considering the state of the art, the defect of the product could not be detected at the time of the placing it on the market, or
- the defect of the product results from compliance with statutory or regulatory provisions.
The manufacturer (distributor) may prove only one aspect in order to be exempt.
Please note that you cannot enforce a warranty claim for defects and a product warranty claim at the same time regarding the same defect. However, if your product warranty claim is effectively enforced, you may enforce your warranty claim for defects regarding the replaced product or part against the manufacturer.
Modifying or deleting an order
Pursuant to Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, when placing an order, the seller's webshop software immediately notifies the buyer of the fact that the order is recorded. Such notification shall not be considered as a contract concluded between the seller and the buyer! It only indicates that buyer’s request to order has been registered by our system and it is forwarded to a competent employee of the seller.
If the buyer does not receive this notice within 48 hours, the buyer will no longer be bound by the offer.
Seller shall provide the buyer with the option to electronically cancel the order until the commencement of fulfilling the order. Upon the commencement of fulfilling the order, the buyer will be notified via email and/or over the phone of the expected duration of the order and of the fact of the commencement of the order, after which it will be possible to cancel the order only via one of the contacts listed on the page “Contacts”.
Orders may be modified subsequently only in writing via email (email@example.com).
Our company has not submitted itself to any codes of conduct; it established its commercial practices with consumers in accordance with applicable laws.
Complaints regarding the behaviour, actions or omissions of the company or any person acting in the name of the company in relation to the distribution or sale of products to customers may be submitted to our company orally or in writing.
You may submit your complaint to the following contacts:
- Postal address: 1033 Budapest, Huszti út 60.
- Email address: firstname.lastname@example.org
Our company has 30 days to respond to your complaint in writing following the receipt thereof.
The contact details of the relevant conciliation panel according to our registered office:
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Email address: email@example.com
Further options for enforcing rights
If a consumer dispute arising between the Service Provider and the Customer cannot be settled during negotiations with the Service Provider, the Customer has the following options for enforcing his/her rights:
Lodging a complaint with the consumer protection authority
As of 1 January 2017, consumers can contact district offices having regional jurisdiction with regard to their complaints. Contact details are available here: http://jarasinfo.gov.hu/.
Initiating court proceedings.
In case of cross-border consumer disputes relating to online sales and purchase contracts, consumers may settle their cross-border consumer disputes relating to online purchases electronically via electronic complaints filed on the online platform available at the following link
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU. In Hungary, the Reconciliation Board of Budapest (Budapesti Békéltető Testület - BTT) is entitled to act with regard to cross-border legal disputes between a consumer and the merchant relating to online sales and purchase or services agreements.
The Customer may only use the Webshop at his/her own risk and accepts that the Service Provider, in addition to liability for the intentional breach of contract and damage to human life, physical integrity or health, shall not be held liable for material and non-material damages arising during use.
The Service Provider excludes all liability for the behaviour of the users of the Webshop. The Customer shall arrange not to infringe the rights of third parties or not to violate legislations directly or indirectly while using the Webshop. The Customer shall be fully and exclusively held liable for his/her own behaviour; the Service Provider will cooperate with the acting authorities in such cases in order to discover infringements.
The Service Provider is entitled check any contents published by the Customer during the use of the Webshop, however, not obligated to do so, and, the Service Provider is entitled to look for the signs of unlawful activities with regard to published contents, but not obligated to do so.
The pages of the services may contain links directing to the pages of other service providers. The Service Provider does not assume liability for the data protection practices and other activities of these service providers.
Since the Internet is global, the Customer agrees to act in accordance with the provisions of the relevant national legislations when using the Webshop. If any activity related to the use of the Webshop is not permitted under the law of the state of the Customer, the Customer shall be solely responsible for the use.
If the Customer discovers any objectionable content at the Webshop, the Customer is obliged to notify the Service Provider thereof immediately. If the Service Provider finds the notification to be justified in the course of its proceedings carried out in good faith, the Service Provider is entitled to delete or modify such information immediately.
The entire Webshop, its graphic elements, text and technical solutions and the elements of the Service are protected by copyright or other intellectual property rights (especially trade mark protection). The Service Provider is the copyright holder or authorised user of all contents displayed during the provision of services available at the Webshop: any copyrighted work or other intellectual property (including, inter alia, all graphics and other materials, the layout and design of the Webshop, software and other solutions used, ideas, implementation).
Saving the Webshop’s content or other parts thereof to physical or other data carriers or printing them is only permitted for personal use or if the Service Provider granted its prior written consent. Use beyond personal use, e.g. storing in a database, transfer, making the content available or downloadable, commercialising the content, is permitted only if the Service Provider granted its prior written consent.
In addition to rights expressly set forth herein, registration, the use of the Webshop and the provisions of these GTC shall not grant any right to the Customer to use or utilise any trade names or trademarks displayed at the Webshop. Apart from displaying the intellectual property associated with the intended use of the Webshop, the temporary duplication required for this purpose and copying for private purposes, these intellectual works may not be used or utilised in any other form without the prior written consent of the Service Provider.
The Service Provider reserves all rights relating to any and all elements of its services, especially relating to the domain name shop.biotechusa.com, related subdomains and all other domain names belonging to the Service Provider, their subpages and online advertising platforms. All activities aimed to list, organise, archive, crack (hack), decrypt the source code of the Service Provider's database are prohibited, unless the Service Provider grants a special authorisation to do so.
If there is no separate agreement with regard thereto, or no services are required for this purpose, it is forbidden to modify, copy, place new data or overwrite existing data in the Service Provider's database by bypassing the platform made available by the Service Provider or by bypassing search engines.
TITLE OF OWNERSHIP
The product remains the property of the Service Provider as long as the purchase price is not paid. However, if the Customer takes possession of the product, for any reason whatsoever, before the purchase price is paid in full, the Customer shall assume liability towards the Service Provider for damages for which no one can be obligated to pay compensation.
The Service Provider has the right to engage a contributor for the performance of its obligations. The Service Provider assumes liability for the contributor’s unlawful behaviour as if the Service Provider were engaged in such behaviour.
If any provision of these GTC becomes invalid, unlawful or unenforceable, that shall not affect the validity, lawfulness and enforceability of the remaining provisions.
If the Service Provider does not exercise any of its rights under these GTC, such failure to exercise a right shall not be deemed as a waiver of that right. Any waiver of any right shall only be deemed as valid if there is an explicit written declaration with regard thereto. If the Service Provider does not require strict adherence to an essential condition or provision of these GTC that shall not mean a waiver of the ability of strictly adhering to such condition or provision in the future.