Welcome to our website. This document is called the Terms of Service (hereinafter: the ToS) sets forth the terms and conditions of the use of the webshop accessible on the website at www.fatamorganafashion.com (hereinafter: the Webshop) which is operated by FATA MORGANA FASHION Kft. (FATA MORGANA FASHION Ltd.), as the host.
The ToS shall enter into force 27 April 2021. FATA MORGANA FASHION Kft. reserves the right to unilaterally amend – in whole or in part - the provisions of the ToS at any time. Any future amendments shall enter into force on the day when the amended ToS is uploaded to the website of the Webshop. Please read it carefully and check back often.
1. GENERAL TERMS, CONTRACTING PARTIES
1. Data relating to the Service Provider of the Webshop (hereinafter: the Service Provider):
company name: FATA MORGANA FASHION Kft. (FATA MORGANA FASHION Ltd.)
registered seat: H-1037 Budapest, 53. Bojtár street, Hungary
tax ID No.: 28738495-2-41
company registry number: Cg.01-09-371743
Competent Registry Court: the Registry Court of the Budapest Municipal Court (Fővárosi Törvényszék Cégbírósága), Hungary
2. The persons entitled to use the Webshop are the consumers, the entities not qualifying as consumers and other legal entities. The following persons qualify as consumers: natural persons who do not access the services of the Webshop as part of their profession or business activity. The ToS shall also apply to persons who do not qualify as consumers with the exception of the provisions which by definition can only apply to consumers (Sections 7-10 of the ToS) where the provisions of the Hungarian Civil Code and other Hungarian legislation will apply.
3. Customers of the Webshop shall be those persons who send their orders without registration (hereinafter: the Customers).
4. The provisions of the ToS shall apply to purchases made on the Webshop online and shall govern the rights and obligations of the Service Provider as seller and the Customer as purchaser.
5. Description and essential characteristics of the products which may be ordered from the Webshop are accessible on the Webshop page showcasing the products.
6. The provisions of the ToS shall be applied to the product orders.
7. The services of the Webshop may only be used after the acceptance by the Customer of the ToS.
9. The Service Provider is not subject to any code of conduct used in any commercial practices or sectors of industry.
2. Placing the Order
1. Showcasing the products on the Webshop shall not qualify as an offer and the information and the image shown is for information purposes only. The Service Provider shall take all measures reasonably expected to demonstrate the product accurately, however, there may be a difference in the image shown on the website and the actual appearance of the products (e.g color) for which the Service Provider shall not be held liable.
2. Products may be ordered from the Webshop without registration: upon placing the order, the Customer shall supply the data necessary for invoicing and shipping (full name, address, shipping address, telephone number and e-mail address).
3. If the Customer fails to provide the data necessary for placing an order as required by Section 2.2 above, the services of the Webshop cannot be accessed.
4. The Customer shall provide true and accurate data upon placing an order. In case of orders placed by providing false data, the sale-purchase agreement shall be null and void. The Service Provider shall not be liable for any consequences arising from providing incorrect, deficient, non-existent data or from data provided unlawfully. Furthermore, the Service Provider shall not be liable for any consequences resulting from the unauthorized access by any third parties of the information provided that such access is attributable to causes beyond the control of the Service Provider.
5. The Service Provider reserves the right to limit the number of each item available for purchase on the Webshop. Any such limitation shall be indicated on the page dedicated to the respective product.
6. Before finalizing and sending any orders, the Customer may check the ordered products and the data provided and is given the opportunity to amend any part of the order, if necessary.
7. Placing an order triggers the Customer’s payment obligation.
8. The orders are finalized by the Customer with payment through the Stripe payment system which automatically pops up on the Webshop’s site or by bank card transmission.
3.The Sale and Purchase
1. If the Customer places an order and makes the payment, the Service Provider shall confirm such order to the e-mail address provided by the Customer thereby completing the sale-purchase agreement between the Service Provider and the Customer.
2. By confirming the order, the Service Provider acknowledges receipt of the order and corroborates the existence of the sale-purchase agreement.
3. In the event that the confirmation e-mail does not arrive to the Customer’s inbox 48 hours within placing the order, the Customer shall no longer be bound by the offer.
4. The sale-purchase agreement established by an order shall qualify as a written agreement and shall be subject to the provisions of the ToS. The sale-purchase agreement shall be governed by Hungarian law.
5. The sale-purchase agreement shall be in Hungarian for Hungarian Customers and shall otherwise be in English.
6. If the ordered product is not in stock or if the required quantity is unavailable, the Service Provider reserves the right not to confirm the order regarding which the Service Provider shall inform the Customer together with the expected date of delivery of the product and/or the availability of the required quantity. If the Customer does not expressly accept the expected date indicated in the notification within 48 hours as of receipt, the Customer shall no longer be bound by the offer. In such cases, the Service Provider shall immediately reimburse the Customer for the purchase price and any shipping fees paid.
4. Conditions of Payment
1. The purchase price of the products is indicated in euros (€) by the Webshop containing all taxes and fees, other than the shipping fees and the customer is responsible for the customs duty and the customs clearance fee.
2. Information on the purchase price of the products and pertaining shipping fees are available to the Customer on the dedicated pages of the Webshop when placing the order and before finalizing said order.
3. The Customer shall - simultaneously with finalizing the order - complete payment of the product’s purchase price and pertaining shipping fees in euros, by Stripe payment services or bank card transmissions only.
4. The invoice issued by the Service Provider regarding the order shall be sent to the Customer together with the products.
5. Any change in product purchase price after the order has been placed and sent shall not apply to the order already sent as the prices determined and indicated at the time of placing the order shall be applicable exclusively.
6. The Service Provider shall commence fulfilling the order once the purchase price is credited on its bank account and the order is confirmed.
5. Shipping Conditions
1. The ordered products are shipped to all countries of the world covered by UPS.
2. Ordered products are shipped to the designated address in exchange of a shipping fee except if the Service Provider undertakes free shipping of the order in question.
3. Information regarding the shipping price of the products is available in the document entitled Information about Shipping Fees which is accessible and can be found under the following link: https://wwwapps.ups.com/ctc/request?loc=en_HU
The Customer receives information about the exact price of shipping by an automated calculation after providing the place of shipment.
4. Shipping is carried out with the cooperation of the following designated subcontractors:
company name: UPS Magyarország Kft.
registered seat: H-2220 Vecsés, 154 Lőrinci Street, Hungary (Airport City Logistic Park, Building C)
tax ID No.: 22776082213
company registry number: 13 09 139285
6. The products ordered by the Customer shall be handed over for shipping 48 hours within the crediting of the purchase price on the Service Provider’s bank account of which the Customer will receive an e-mail notification. The Customer can track the shipping of the products with the help of a tracking number provided in the email notification. Processing of orders and handing products over for shipment is carried out between 8 a.m. and 5 p.m on workdays only.
7. The ordered products will be shipped to the address designated by the Customer upon placement of the order. The Customer or a person designated by the Customer shall be entitled exclusively to receive the products. The Customer shall be under obligation to take over the delivered products.
8. The Customer or the person designated by the Customer shall inspect the package upon delivery in the presence of the representative of the carrier company to check for any damage to packaging and in case of such damage, minutes shall be recorded thereof on the spot.
9. If the handover of the package containing the products fails to occur due to reasons within the control of the Customer, the Service Provider may rescind the agreement pursuant to Section 7 of the ToS of which it shall immediately notify the Customer.
10. The Service Provider shall not be liable for any delays in shipment, in particular if such delay is caused by providing inaccurate data by the Customer.
6. Transfer of Property
The Customer shall acquire ownership of the products upon the handover of the delivered package.
7. The Right to Withdraw
1. The Customer is entitled to withdraw from the agreement without cause within the deadline described below:
within 14 (fourteen) days of the receipt by the Customer or any other third person designated by the Customer other than the carrier of the
last product in case of the sale-purchase of more than one product if delivery occurs at different times,
last item or product if the ordered product comprises more than one product or item. The Customer is also entitled to withdraw from the agreement during the time period from the conclusion of the agreement and the receipt of the products.
2. In case of such withdrawal from the agreement, the Service Provider shall be obligated to reimburse to the Customer the full amount paid by the latter 14 (fourteen) days within becoming aware of the notice of withdrawal (including the purchase price as well as the shipping fee but except the additional expenses which are incurred as a result of the Customer opting for a courier service differing from the cheapest delivery offered by the Service Provider). The reimbursement is completed by the same payment method as used by the Customer for the payment at the time of placing the order, in other words reimbursement is completed by way of payment to the Customer’s bank account. The Service Provider may choose a different payment method with the express consent of the Customer as long as the Service Provider does not incur any additional cost as a result thereof.
3. In case of more than one product and if the Customer exercises the right to withdraw in relation to certain products only, the Service Provider shall only reimburse the purchase price of the products subject to the withdrawal.
4. If the Customer withdraws from the agreement, the Customer shall be under obligation to return the products to the Service Provider immediately but within 14 (fourteen) days the latest of stating the withdrawal from the agreement, in its original state and packaging, with the labels intact. The return of the products shall be considered as delivered within the deadline if the Customer sends it before the expiry thereof. The direct costs of returning the products shall be borne by the Customer. The products may not be delivered as a postal package.
5. The Service Provider shall be entitled to withhold the amount subject to reimbursement until the Customer returns the products or evidences without a doubt that the products have been dispatched, whichever occurs the earliest.
6. The Service Provider reserves the right to unilaterally offset any indemnity claims it may have against the reimbursable amount which arises from the use of the product exceeding the extent necessary to examine the product’s nature, characteristics and operation.
7. The Customer shall not be entitled to exercise the right of withdrawal especially in the following cases:
in case of products that are not mass produced and have been manufactured based on the instructions or express request of the Customer,
in case of products that are custom-made specially for the Customer;
in case of products which are delivered in a sealed package which cannot be returned after opening due to health protection or hygienic reasons.
8. Remedy for Faulty Goods
1. The Service Provider shall not be responsible for any damages arising from any negligent use of the products or use other than for intended purposes or use that is not compliant with the product description.
2. In case of faulty performance of the Service Provider the Customer shall be entitled to remedial action under the rules of the Hungarian Civil Code.
3. The Customer shall be entitled to remedial action by choosing at own discretion between either requesting the repair of the product or the exchange thereof except if the option chosen by the Customer is impossible to implement or would trigger disproportionate additional costs for the Service Provider in comparison with other possibilities. If the Customer does not or could not opt for repair nor for exchange, the Customer shall be entitled to ask for the proportionate decrease or discount of the purchase price or may repair the product at the Service Provider’s expense or may appoint a third party to do so or – as a last resort – may withdraw from the agreement.
4. The Customer shall be entitled to switch from one remedy for another, however, the costs of such change shall be borne by the Customer except if such change was justified or was caused by the Service Provider.
5. The Customer shall be obliged to notify the default without delay after becoming aware thereof but no later than within 2 (two) months as of discovering such default. The Customer shall not be entitled to enforce any remedies for faulty goods after the elapsing of 2 (two) years as of the date of performance of the agreement.
6. In order to request remedy for faulty goods within 6 (six) months as of the date of the performance of the agreement (delivery of products), the Customer shall not be under obligation to take any other measure than to notify the default, provided that the Customer evidences that the product or the service was offered by the Service Provider. However, after 6 (six) months, the Customer shall be under obligation to prove that the default that the Customer became aware of already existed at the time of the delivery.
9. Product Warranty
1. If the product is faulty, the Customer is entitled to enforce a warranty claim instead of a remedial action pursuant to the above Section 8 of the ToS.
2. In such case, the Customer shall only be entitled to opt for either the repair or the exchange of the product.
3. The product qualifies as faulty if it does not comply with the quality standards applicable at the time of the sale thereof or if it fails to display the characteristics set forth in the description provided by the manufacturer.
4. The Customer shall be entitled to enforce a warranty claim for a period of 2 (two) years as of the sale thereof by the manufacturer after which the Customer loses such right.
5. The Customer may only enforce any such warranty claims against the manufacturer or the distributor of the products. In the event of enforcing a warranty claim, the Customer shall be under obligation to evidence the default of the product.
6. The manufacturer (distributor) shall only be exempted from any indemnity obligations under the warranty claims if it proves that the product was not manufactured or distributed within the scope of its business activity, or the default could not be detected at the time of manufacturing as allowed by the then current state of scientific or technological knowledge, or the product default originates from the application of a mandatory provision of law or authority.
Only one of the above circumstances must be proven by the manufacturer (distributor) of the product in order to be exempted from liability.
7. The Customer shall not be entitled to enforce simultaneously a warranty claim and a remedy for faulty goods. Notwithstanding, the Customer may – in case of successfully enforcing a warranty claim – request from the manufacturer a remedy for faulty goods in respect of the exchanged or repaired product or part thereof.
10. Notifying Remedial Action for Faulty Goods and Warranty Claims
1. The Customer shall notify the Service Provider about any request for remedial actions or warranty claims in writing (postal delivery or e-mail). The notice must consist of the following data:
Customer name and address
date of purchase
date of notification of the default
description of default
the Customer’s choice of remedy
2. The Service Provider shall revert in respect of the notice for faulty goods within 14 (fourteen) days.
3. If the Service Provider deems that the inspection of the product subject to the notice is necessary for the review of the Customer’s claim, the Service Provider may request the Customer to send the product to the Service Provider at the Service Provider’s expense.
11. Limitation of Liability
1. The Service Provider shall not be liable for the damages arising from the use of the Webshop’s website or the operation thereof or for any of the following events irrespective of the underlying causes: the data sent and/or received throught the Internet fails to arrive to its destination; the disruptions of operation of the Internet hindering the fulfillment of the provisions of the ToS; default of the equipment on the receiving end or that of communication lines, loss of data or content; default of any software or website; programming defaults, consequences of extraordinary events or technical difficulties, including events of force majeure and the fees owed to the Customer Internet provider company.
2. The prices indicated on the Webshop’s website are continuously monitored by the Service Provider whilst reserving the right to amend prices or make any other changes to correct evident mistakes caused by, miscalculations, editing or typos.
12. Data Protection
2. The Service Provider transmits Customer data to the following entities:
company name: Stylehub Ecommerce Kft.
registered seat: H-1027 Budapest, 1/1 24 Medve street, Hungary
tax ID No.: 26326452241
company registry number: 01 09 324265
The companies engaged for services relating to the technical tasks of storage product handling, logistics and freight of the ordered products:
company name: UPS Magyarország Kft.
registered seat: H-2220 Vecsés, 154 Lőrinci Street, Hungary (Airport City Logistic Park, Building C)
tax ID No.: 22776082213
company registry number: 13 09 139285
company name: KBOSS. hu Kft.
registered seat: H-1031 Budapest, 7 Záhony Street, Hungary
tax ID No.: 13421739241
company registry number: 01 09 303201
companies engaged for accounting services for the Service Provider:
company name: EGM Adó-Kontír Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
registered seat: H-1116 Budapest, 3 Talpas Street, Hungary
tax ID No.: 12313464-2-43
company registry number: 01-09-666553
4. The Service Provider and the companies detailed in Section 12.2 of the ToS shall proceed with the most diligent care when handling Customer data.
1. The Service Provider endeavors to settle any Customer complaints in an amicable manner as soon as possible.
2. The Customer may address any complaints to the Service Provider in writing (postal delivery or e-mail).
3. The mediation body for the registered seat of the Service Provider shall be competent to proceed in any eventual disputes between the Customer and the Service Provider which is as follows:
Budapesti Békéltető Testület
registered seat: H-1016 Budapest, Krisztina krt. 99. III. em. 310., Hungary
Postal address: H-1253 Budapest, Pf.: 10., Hungary
Fax: +36 1 488 21 86
Tel.: +36 1 488 21 31
4. The Customer may also file a complaint with the online dispute resolution platform of the European Union (ODR Platform) which harbors no contact with any trades. The ODR Platform is accessible in all languages of the EU and also Icelandic and Norwegian. By using the ODR Platform, the consumer and the trader are facilitated in agreeing on a dispute resolution body and subsequently are enabled to settle their dispute arising from a purchase. The ODR Platform can be reached at:
hungarian version: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU
english version: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
14. TECHNICAL CONDITIONS
The website was designed and is operated by:
Stylehub Ecommerce Kft.
Registered seat: H-1027 Budapest, 1/1 24 Medve street, Hungary
tax number: 26326452241
registry number: 01 09 324265
The following software and hardware are required for the use of the website and the Webshop: [*]
Software requirements and the list of supported browsers: Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge, Opera, Apple Safari iOS, Google Chrome Android
[*Information on the operation of digital content and the employed technical safety measures .*].
15. Closing Provisions
1. By purchasing the products, the Customer shall not become entitled to use the patents, trade names, logos etc. of the Service Provider or any of the contractual partners of the Service Provider.
2. The entire digital content of the Webshop, especially including all texts, graphs, photographs, illustrations shall be the sole property of the Service Provider and is protected by intellectual property rights; any use thereof shall only be permitted with the prior written consent of the Service Provider.
3. It is strictly prohibited to copy, download, store, process or forward any of the content of the website or the Webshop without the prior written consent of the Service Provider.
4. If the Service Provider does not exercise any of the rights under this ToS or other legal regulation, such shall not be interpreted as a waiver of said rights.
5. No promises are made by the Service Provider other than the conditions expressly set out by the ToS. The Service Provider shall not be responsible for the content and operation, the reliability, and accessibility of the products and services and for the fulfillment of Customer needs.
6. The Service Provider hereby excludes to the extent permitted by law all forms of guaranty and the maximum value of any obligations shall not exceed the amount paid by the Customer for the given product or service. The Service Provider shall not be liable for any damages or loss reasonably unforeseeable.
7. If any of the provision of the ToS is invalid or unenforceable, the remainder of the provisions shall not be affected thereby and shall remain valid and enforceable.
8. All matters not provided for in the ToS shall be governed by the provisions of Hungarian law and any prescription of authorities applicable to Webshop services as amended from time to time, including especially:
Act V of 2013 on the Civil Code;
Act CVIII of 2001 on certain matters pertaining to services of electronic commerce and informational society
the Government Decree 45/2014 (II.26) on the detailed rules of the contracts between consumers and traders, implementing Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council