These General Terms and Conditions (hereinafter referred to as “GTC”) govern DAblacksheeps Kft., Wigner Jenö utca 2, 7400 Kaposvar, Hungary (hereinafter referred to as “DABS”) and its Customers (hereinafter referred to as “Customer”) on DABS’s e-commerce platform for contracts concluded in the subject of merchandising through this platform.
The system is a browser-based platform on which DABS advertises goods from its own and contracted partners, as well as offers them for purchase through the built-in web store.
I. Scope, definitions and conclusion of the present General Terms and Conditions
I.1. All DABS services provided to the Customer related to the platform, as well as the conclusion and execution of sales contracts for goods, are exclusively governed by the provisions of these General Terms and Conditions.
I.2. DABS reserves the right to amend these GTC at any time. The GTC in force at the time of the conclusion of the contract shall always be applied to the contractual relationship established with the Customer. The GTC in effect at the time of the conclusion of the given contract will be sent to the Customer together with the confirmation of the order.
I.3. Customer: The Customer is a user of the platform who, in order to purchase goods, makes a purchase offer through the online store integrated into the DABS platform. The Customer uses the platform, or through the sales contract concluded through this, you enter into a direct contractual relationship with DABS. DABS does not sell products to minors, only to adults and able-bodied (natural) persons.
I.4. Product range: Product range means the range of goods that DABS offers for sale through the platform.
I.5. Price display: The sales prices of the products and services offered for purchase by the DABS Webstore on the product page, given in Hungarian forints, already include sales tax (gross prices). The purchase price of the products does not include the costs of possible package sending/delivery. The prices displayed in the Webstore do not always match the prices displayed in stores, and the prices displayed in the Webstore are only valid for online purchases.
I.6. Order: An order is created when a Customer makes a purchase offer to DABS for one or more goods that are part of the product range on the platform.
I.7. Order confirmation: Immediately after receiving the order, the Customer will receive an order confirmation from DABS, which includes a list of the goods he ordered and their most important characteristics, the total amount to be paid – stated together with all other costs – and these GTC. Confirmation of the order does not constitute acceptance of the order.
I.8. Acceptance: Acceptance is established within 3 days from the receipt of the order, at DABS’s choice, either by means of a written communication or by delivery of the goods ordered by the Customer. If DABS does not want to accept the Customer’s order, DABS will notify the Customer of this within 3 days.
I.9. Confirmation of the contract: In the framework of fulfilling the obligation to provide information defined by law, DABS will send the confirmation of the conclusion of the contract to the Customer by e-mail immediately after the conclusion of the contract, but at the latest with the delivery of the goods.
I.10. Gift card: The gift card is a value voucher that the Customer can use when paying on DABS’s e-commerce platform.
II. Delivery conditions and delivery period
II.1. The delivery dates specified by DABS during the ordering process are basically non-binding and – in the absence of an express written agreement to the contrary – do not form the subject of the contract.
II.2. DABS will deliver the goods to the Customer by itself or through one of its contractual partners no later than 14 days after sending the Confirmation of the Contract.
II.3. If DABS is prevented from complying with the agreed delivery or delivery deadline due to force majeure (e.g. strike, natural disasters) or other reasons beyond DABS’s control, then DABS is obliged to inform the Customer of the expected delay. The agreed delivery or performance deadline will be extended by the duration of this type of event.
II.4. Shipping costs are invoiced based on actuals. The fees indicated on the shipping table during the purchasing process on the website are provisional only. Additional cost for deliveries to outside Hungary may apply for the customer (e.g. customs fees, taxes). Where appropriate, a separate fee may be charged for large items, the amount of which will be indicated to the Customer before the order is placed, together with the price of the product and other ancillary costs. Bonuses and discounts are calculated from the value of the goods, the delivery fee is not affected.
II.5. DABS is entitled to deliver the Customer’s goods order in installments – even without the Customer’s express request for this. However, in this case, DABS is obliged to bear the additional transport costs incurred in this way. In case of delivery in several installments at the Customer’s request, the Customer shall bear the additional cost.
II.6.1. In the event of DABS’s rightful withdrawal from the contract, the Customer is obliged to pay a cancellation fee of 25% of the invoice amount.
III. Payment Terms
III.1. In the absence of a different agreement, payment of the invoice amount is due immediately at time of ordering.
III.2. The Customer can settle the invoice amount with credit card (e.g. VISA, Mastercard) or PayPal.
III.3. The Customer is obliged to reimburse all costs to the extent specified in the legislation, which have arisen on the part of DABS in connection with the demand for payment and the appropriate legal enforcement.
III.4. In the event of a delay, DABS is entitled to enforce legal interest on late payment without any prior notice. In addition, in case of late payment, DABS is entitled to withdraw from the contract after setting a reasonable additional deadline of 14 days and to demand the return of the already delivered goods from the Customer.
IV. Retention of ownership
IV.1. All goods delivered by DABS remain the exclusive property of DABS until full payment of the purchase price.
IV.2. In the event of execution or insolvency, the Customer is obliged to notify DABS’s property to a third party without delay in such a way that there are no costs or other adverse consequences for DABS.
V. Right of Termination and Withdrawal
V.1. The Customer has the right to withdraw from his contractual declaration or from the contract already established within fourteen (14) days, based on Government Decree 45/2014.(II.26.) and in accordance with its provisions, without giving reasons.
V.2. DABS provides its Customers with a 14-day refund option from the date of purchase.
V.3. The cancellation deadline is fourteen days from the day on which the Customer or a third party named by him – who is not the carrier – received the goods.
V.4. If the Customer purchased the goods within the framework of the same order and these goods are delivered separately, the withdrawal period begins on the day on which the Customer or a third party named by him – who is not the carrier – received the last goods.
V.5. If DABS has not fulfilled its obligation to inform the Customer regarding the existence of the right of withdrawal (conditions, deadlines and procedural method of exercising the right), the withdrawal period will be extended by twelve months.
V.6. If DABS fulfills its information obligation within twelve months from the receipt of the goods or, in the case of separate delivery of the goods, from the receipt of the last goods, the withdrawal period expires 14 days after the date on which the Customer became aware of this information.
V.7. In order to exercise the right of withdrawal, the Customer must provide information about his decision to withdraw from this contract by means of a clear statement (e.g. letter sent by post or e-mail). The declaration of withdrawal must be sent to DAblacksheeps Kft.
E-Mail: eshop@dablacksheeps.com
By post: DAblakcsheeps Kft., Wigner Jenö utca 2, 7400 Kaposvar, Hungary
V.8. For this purpose, the Customer can use the withdrawal declaration sample that can be downloaded here but is not obliged to use it.
V.9. In order to comply with the deadline, it is sufficient for the Customer to send his statement on the exercise of the right of cancellation before the expiry of the cancellation deadline.
VI. Legal effects of withdrawal
VI.1. If the Customer withdraws from the contractual declaration or from the contract that has already been concluded, DABS is obliged – immediately, but no later than within fourteen days from the day on which it received the declaration about the fact of withdrawal from this contract – to refund the amount paid by the Customer to DABS as the purchase price of products.
VI.2. During the refund, DABS uses the same payment method that the Customer used during the original transaction, unless the Customer expressly consents to the use of another payment method. DABS is not entitled to charge the Customer any additional costs due to the application of this refund method. At the same time, DABS is entitled to withhold the refund until the product has been returned, or the Customer has not confirmed that it has been returned and DABS has received it: the earlier of the two dates shall be taken into account.
VI.3. The Customer is obliged to return the products to DABS without undue delay, but at the latest within 14 days from the date of communication with DABS of his statement of withdrawal.
VI.3.1. In the case of products that were shipped from Hungarian locations, the customer must return the products to the following address: DAblakcsheeps Kft., Wigner Jenö utca 2, 7400 Kaposvar, Hungary
The deadline is deemed to have been met if the Customer sends the goods before the expiry of the fourteen-day deadline.
VI.4. The Customer can only be held responsible for the decrease in value of the product if it occurred due to the use exceeding the amount necessary to determine the nature, properties and operation of the product.
VI.5. The Customer does not have the right to cancel in the following cases:
In the case of a contract for goods that were produced based on the Customer’s instructions or at his express request, or in the case of a contract for the delivery of goods that were clearly tailored to the Customer.
In the case of a contract for goods that are sealed and cannot be returned for reasons of health protection or hygiene after being opened after delivery.
Regarding products that are perishable or retain their quality for a short time (food, dietary supplements).
VIII. Copyright and data protection
VIII.1. DABS reserves all rights, especially trademark and copyright, for the entire content of the website, especially for trademarks, logos, texts, graphics, photographs, image and music. If the use is not mandatorily permitted by law, DABS’s express written consent is required to use the contents of the website beyond the performance obligation established in the contract, especially to store, reproduce, distribute or edit it in data banks.
VIII.2. DABS’s current data protection regulations are available at the following link: www.dablacksheeps.com
VIII.3. DABS passes on the Customer’s address and contract data to shipping companies and other contractual partners involved in the delivery and fulfillment to the extent necessary during the performance of the contract.
VIII.4. In case of payment delay, in order to collect the claim, DABS sends VIII.3. as well as the information regarding the amount due to the debt collection office and the appointed legal representatives.
IX. Warranty and guarantee
IX.1. The warranty is in accordance with the legal regulations.
The Customer’s warranty and guarantee rights are as follows:
a) Accessories warranty
In which case can you exercise your accessory warranty right?
In the event of faulty performance by DABS, you can assert a warranty claim against the company in accordance with the rules of the Civil Code.
What rights are you entitled to based on your warranty claim?
You can – according to your choice – make use of the following accessory warranty claims: You can request repair or replacement, unless the fulfillment of the claim you choose is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation or you can repair the defect at the expense of the company, or you can have it repaired by someone else or – in the last case – you can also withdraw from the contract. You can transfer from your chosen accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified, or the company gave a reason for it.
What is the deadline for asserting your warranty claim?
You are obliged to report the error immediately after discovering it, but no later than within 15 days of discovering the error. At the same time, I would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract. In the case of a used item, this deadline is one year.
Who can you enforce your accessory warranty claim against?
You can assert your warranty claim against the company.
What other conditions are there for asserting your accessory warranty rights?
Within six months from the date of delivery, there is no other condition for validating your accessory warranty claim other than reporting the defect if you prove that the product or service was provided by DABS. However, after six months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.
b) Product warranty
In which case can you use your product warranty right?
In the event of a defect in a movable thing (product), you may – at your choice – assert your right defined in point 1 or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the properties described by the manufacturer.
What is the deadline for asserting your product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
the product was not manufactured or marketed as part of its business activities, or
the defect was not detectable according to the state of science and technology at the time of placing it on the market or
the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.
c) Warranty
In which case can you use your warranty right?
In case of faulty performance, in the case of certain products (products listed in the annex to Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods, especially but not exclusively sports equipment with a sales price of HUF 10,000 or more), DABS is obliged to provide a guarantee according to the government decree.
What rights are you entitled to under the warranty and within what time frame?
151/2003 on the mandatory warranty. (IX. 22.) The warranty period for products covered by government decree is one year. Failure to meet this deadline will result in loss of rights. The warranty period begins on the day the consumer product is handed over to the consumer, or if the company or its representative performs the commissioning. You can – at your choice – make use of the following warranty claims:
You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation or you can repair the defect at the expense of the company, or you can have it repaired by someone else or – in the last case – you can also withdraw from the contract.
You can transfer from your chosen warranty right to another, but you will bear the cost of the transfer, unless it was justified, or the company gave a reason for it.
When is the company released from its warranty obligation?
The company is exempted from warranty obligations only if it proves that the cause of the defect arose after performance.
I draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, but otherwise you are entitled to the rights arising from the warranty regardless of the rights defined in points 1 and 2.
IX.2. The photographs used by DABS to advertise the products are partly sample images provided to DABS by the manufacturers. These photos were taken under professional conditions and given lighting conditions and do not necessarily show the product in its everyday use. Accordingly, DABS is not responsible for the fact that the products fully correspond to the photographs used for advertising purposes.
IX.3. The liability of DABS and the involved fulfillment assistants is limited to the extent permitted by law to compensation for damage caused in a grossly negligent or intentional manner. This does not apply to liability for personal injury damages and product liability law.
X. DABS Gift card
X.1. The amount to be paid for the purchase of the gift card is credited to the gift card as a claim of the Customer. The balance of the claim can be used during payments made in full or in installments on the E-commerce platform, as well as at other acceptance points. Any remaining amount after the purchase of goods or services remains on the gift card. If the balance of the gift card does not cover the entire purchase amount, the difference can be settled with another payment instrument.
X.2. The claim on the gift card cannot be exchanged for cash. The remaining amount cannot be refunded in cash. There is no obligation to pay interest after the claim on the gift card. It is not possible to purchase a gift card with another gift card, discounts or vouchers.
X.3. The gift card is not tied to a person and can be transferred. The card is valid for one year from date of purchase. The claim is then time-barred.
X.4. The Customer is obliged to treat the gift card with the same care as cash. If the gift card is lost, stolen or damaged, the card and the claim on it will not be replaced. It is not possible to lock the gift card. DABS and/or any other acceptance point is entitled to exempt the current holder of the gift card. DABS is not responsible for losses resulting from unauthorized purchases made while using the gift card.
XI. Final provisions
XI.1. The place of performance is the headquarters of DABS, 7400 Kaposvar, Hungary.
XI.2. All contracts concluded with DABS are governed by Hungarian law, with the exception of the provisions of the Vienna Convention on Contracts for the International Sale and Purchase of Goods and the norms of private international law that determine the applicable legislation. If the Customer is a user habitually resident in the EU, then in addition to the above, the mandatory consumer protection provisions of the Customer’s country of residence also apply.
XI.3. If no applicable law provides otherwise, the jurisdiction of the court with jurisdiction and jurisdiction over the settlement of 7400 Kaposvar, Hungary shall be stipulated.
XI.4. Customers who are also consumers have the opportunity to address their complaint to the EU online dispute resolution platform: EU online dispute resolution
Customers can also contact DABS directly with their complaint at the following e-mail address, phone number or mailing address:
Phone: +36 303088674
E-mail: eshop(a)dablacksheeps.com
Mailing address: DAblacksheeps Kft., Wigner Jenö utca 2, 7400 Kaposvar, Hungary
If you are a consumer, you have the right to address your complaint to the conciliation board of your place of residence or residence.
XI.5. The contract between DABS and the Customer is considered a written contract, which is recorded in DABS’s own system and made available to the Customer later. The language of the contract is Hungarian.
