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Data controller and contact details:
Name: Kitti Fanni Balog
Registered office: 1089 Üllői street 102. Building 8. 1/ 683 Budapest, Hungary
Contact number: +36709324203
Language of the agreement: english
Registry number: 52914959
Tax number: 69250882-1-42
E-mail: [email protected]
Website administration: Webery Digital Agency Kft. 1023 Budapest Frankel Leó út 45/6
OVERVIEW
This website is operated by Szerko Budapest. Throughout the site, the terms “we”, “us” and “our” refer to Szerko Budapest. Szerko Budapest offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. Most of our products are one and only second-hand vintage products and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Szerko Budapest, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Szerko Budapest and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hungary.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
1. Purpose of this privacy notice
1.1 Balog Fanni Kitti EV. (hereinafter referred to as the “Data Controller”) shall pay particular attention to act in compliance with the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (hereinafter referred to as the “Information Act”) and other applicable legislation governing the protection of personal data, in accordance with the data protection practices established by the National Authority for Data Protection and Freedom of Information (NAIH) and the Data Protection Commissioner, and taking into account the relevant major international recommendations.
1.2. The Data Controller for itself:
to treat the data provided to the controller in accordance with the consent to the processing of personal data provided to the controller
1.3 The Data Controller may use any personal data received by the Data Controller under this Policy via the contact form on the website www.szerkobudapest.hu, by telephone or by e-mail for customer relationship management.
1.4 The Data Controller shall store the personal data provided for a maximum period of 1 year from the date of disclosure, after which it shall be permanently deleted.
1.5 If, during the period of data processing, a new request is made to the Data Controller by the customer, the period of data processing shall take effect as from that time, as set out above.
2. Data of the Data Controller
Name: Balog Fanni Kitti
Company’s registered office: 1089 Bp. Üllői út 102
No.: 69250882-1-42
Central telephone number: +36 70 932 4203
Central e-mail address: [email protected]
3. Scope of personal data processed
When contacting us and giving your consent to the processing of your personal data, you are required to provide the following personal data (data marked with * are mandatory):
4. Purpose, method and legal basis of processing
4.1 The data processing of the Data Controller’s activities is based on voluntary consent or on legal authorisation. In the case of processing based on voluntary consent, data subjects may withdraw their consent at any time during the processing. In certain cases, the processing, storage and transmission of some of the data provided is required by law and we will inform our customers separately. Please note that if you do not provide your own personal data, it is the responsibility of the data provider to obtain the consent of the data subject.
4.2. Persons entitled to access the data:
4.3. The personal data provided will be stored and processed exclusively by the Data Controller and will not be disclosed to third parties, except for compelling legitimate reasons which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
4.4. Its data management principles are in accordance with the applicable data protection legislation, in particular:
5. Cookie management
5.1 The system serving the website places a small data package, a so-called cookie, on the user’s computer and reads it back during a subsequent visit in order to provide a personalised service. If the browser returns a previously saved cookie, the cookie management service provider has the possibility to link the user’s current visit to previous visits, but only in respect of its own content.
5.2. Cookies:
5.3 The purpose of session cookies is to allow visitors to browse the website and use all its features fully and as smoothly as possible. A cookie stored in the browser will expire after a maximum of 2 hours by default, but depending on the active use of the website, the system serving the website may renew the expiry date of the cookie.
5.4 The website also uses Google Analytics as a third party cookie. Google Analytics collects information about how visitors use the websites by using its statistical service. The data is used to improve the website and the user experience. These cookies will also remain on the visitor’s computer or other browsing device and browser until they expire or until they are deleted by the visitor.
6. Rights of data subjects and means of enforcement
6.1.The data subject may request information about the processing of his or her personal data, and may request the rectification, erasure or withdrawal of his or her personal data, except for mandatory data processing, and may exercise his or her right to data portability and objection in the manner indicated when the data were collected, or by contacting the Data Controller.
6.2 Right to information
Processing may take place only if the data subject gives his or her freely given, specific, informed and unambiguous consent, in a clear affirmative action, such as a written, including by electronic means, or oral statement, to the processing of personal data concerning the natural person. Consent covers all processing activities carried out for the same purpose or purposes. Where processing is carried out for more than one purpose, consent shall be given for all the purposes for which the processing is carried out. In order for consent to be considered informed, the data subject must at least be aware of the identity of the controller and the purposes for which the personal data are processed. The natural person must be informed of the risks, rules, safeguards and rights associated with the processing of personal data and how to exercise the rights that he or she has in relation to the processing. The Controller should not retain personal data solely for the purpose of responding to possible requests.
6.3. Right of access, rectification and deletion
Natural persons should be transparent about how their personal data relating to them are collected, used, accessed or otherwise processed, and in what context the personal data are or will be processed. All reasonable steps must be taken to correct or delete inaccurate personal data. Personal data must be processed in a manner that ensures an adequate level of security and confidentiality, inter alia, in order to prevent unauthorized access to or use of personal data and the means used to process personal data. The data subject should have the right of access to the data collected concerning him or her and the right to exercise that right easily and at reasonable intervals in order to ascertain and verify the lawfulness of the processing. In particular, the data subject shall have the right to have his or her personal data erased and no longer processed where the collection or other processing of the personal data is no longer necessary in relation to the original purposes of the processing, or where the data subjects have withdrawn their consent to the processing of the data, or where the processing of their personal data otherwise does not comply with the law. Where the data subject submits a request for access or rectification to the controller in writing, including by electronic means, the controller shall provide adequate and comprehensible information within a maximum of one month from the date of the request.
6.4. Right to data retention
The data subject has the right to receive the personal data concerning him or her that he or she has provided to the Data Controller in a structured, commonly used, machine-readable format and to transmit such data to another Data Controller.
6.5 Right to object, right of withdrawal
The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to processing of his or her personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or necessary for the purposes of the legitimate interests pursued by the controller or by a third party, including profiling based on those provisions. The data subject shall have the right to withdraw his or her consent at any time. In the event of objection or withdrawal, the Controller may no longer process the personal data, except on compelling legitimate grounds which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
6.6. Enforcement options
The data subject may exercise his or her enforcement rights before the courts under the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (Infotv.) and Act V of 2013 on the Civil Code (Civil Code Act), and may also seek the assistance of the National Authority for Data Protection and Freedom of Information in any matter concerning the processing of his or her personal data. In case of infringement, the data subject also has the right to judicial remedy. In order to exercise his or her right to judicial remedy in connection with processing operations, the Data Subject may bring an action against the Controller before a court if he or she considers that the Controller or a controller acting on his or her behalf or at his or her instructions is processing his or her personal data in breach of the provisions on the processing of personal data laid down by law or by a legally binding act of the European Union.
Translated with www.DeepL.com/Translator (free version)
6.7. Data protection authority procedure
Name: the National Authority for Data Protection and Freedom of Information Headquarters: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Postal address: 1530 Budapest, PO Box 5.
Phone: +36 (1) 391 1400
Fax: +36 (1) 391 1410
E-mail: [email protected]
Website: www.naih.hu
7. Other provisions
The Data Controller shall inform the data subject of any processing not listed or detailed in this notice at the time of recording the data. We inform our customers that the court, the prosecutor, the investigating authority, the criminal investigation authority, the administrative authority, the National Authority for Data Protection and Freedom of Information, or other bodies authorized by law may request the Controller to provide information, to disclose data, to transfer data or to provide documents and are obliged to cooperate in providing data. The Data Controller shall disclose to public authorities, provided that the public authority has indicated the precise purpose and scope of the data, personal data only to the extent and to the extent strictly necessary for the purpose of the request.
26 July 2021.