COGITATE GAMES KFT.

GENERAL TERMS AND CONDITIONS

2021.

Welcome to our website! Thank you for putting your trust in us concerning your recent purchase!

 

Before finalizing your order, please make sure to thoroughly read this document as by finalizing your order, you shall simultaneously, by acknowledging a separate declaration of consent, accept the content of this General Terms and Conditions.

 

Should you have any questions regarding this General Terms and Conditions, the use of the website, particular products, or the process of the purchase, or should you discuss your specific requests with us, please do not hesitate to contact our colleagues by the contact information provided.

 

This General Terms and Conditions (hereinafter referred to as GTC) provides for the rights and obligations stemming from the legal relationship between Cogitate Games Ltd. (hereinafter referred to as Seller or Undertaking) and the customer purchasing on the online interface (hereinafter referred to as Customer or Consumer) during the purchase in the webshop of the website of www.crokinole.guru, operated by the Seller, the conditions for the establishment of the contract, the terms and conditions of performance and delivery, and the rules of exercising the right of withdrawal.

 

The provisions of this GTC shall be governing at all times between the Undertaking and the Customer, pertaining to the legal relationship established online, by the use of the webshop.

 

 

  1. DATA OF THE UNDERTAKING

 

Name:                                     Cogitate Games Társasjáték Fejlesztő és Építészeti

Korlátolt Felelősségű Társaság

Registered seat:                      Magyarország, 5008 Szolnok, Ménes u. (Street) 6.

Address for service:                8248 Nemesvámos, Kossuth L. u. (Street) 312/B.

Place of delivery:                   8200 Veszprém, Szűcs u. (Street) 10.

Company registration no.:      16-09-013219

Tax number:                           23367546-2-16

Telephone number:                +36 30 2444 111

E-mail:                                    hello@crokinole.guru

Web:                                       www.crokinole.guru

Representative:                       Karcagi Péter

Bank account number:        HU03 1176 3488 5252 3887 0000 0000

SWIFT code:                          OTPVHUHB

 

 

  1. LEGAL RELATIONSHIP BETWEEN THE PARTIES, SCOPE, AND VALIDITY OF THE GTC

 

  1. The personal scope of this GTC shall extend to the Undertaking and, by using the webshop of the website www.crokinole.guru operated by the Undertaking, to the Customer.

 

  1. This GTC shall be applicable for an indefinite time, and it shall be valid and effective from 11 November 2021.

 

  1. In light of the provisions of this GTC, the Customer shall conclude a contract with the Undertaking during the purchase in the webshop. By selecting the product to be purchased in the webshop and by clicking on the “Proceed to checkout” button and by the provision of the data required for delivery, the Customer may finalize the data required for the order of the product(s) they intend to purchase. The Customer shall acknowledge, that the prerequisite of the ordering of the specific product(s) is accepting the provisions of this GTC, which may be performed by accepting the separate declaration of consent, simultaneously with the finalizing of the order. By accepting the separate declaration regarding the terms and conditions of the GTC, the contract between the Customer and the Undertaking is established. The contract concluded through the webshop shall include payment obligation with respect to the Customer.

 

  1. The language of the contract concluded through the webshop by and between the Undertaking and the Customer is Hungarian.

 

  1. In the course of the purchase, the Undertaking sells the products produced by third parties to the Customer in its own name, from the webshop, and the rights and obligations deriving from that legal relationship shall be performed by the payment of the consideration of the product and the delivery of the product by the service provider partner carrying out the delivery and transporting services with whom the Undertaking is in a contractual legal relationship.

 

  1. The Undertaking sets forth that the consideration of the products sold in the webshop operated on the website of www.crokinole.guru is determined in the currency of „USD” (United States dollar). The current consideration shall be indicated with respect to the products in the webshop operated by the website of www.crokinole.guru at all times. The Undertaking shall reserve the right to change the prices of the products to be sold in the webshop operated by the website of www.crokinole.guru with the simultaneous application of the practice that the change in the prices by the Undertaking shall not affect the prices of the products ordered by the Customer and the prices of the orders placed prior to such change.

 

 

III. PURCHASE IN THE WEBSHOP

 

  1. The methods of online purchase of products shall be performed on the Undertaking’s own online sale interface, by payment of bank transfer, cash on delivery, and payment at the time of personal delivery.

 

The process of payment by bank transfer:

 

  • If the Customer has selected the products intended for purchase and they have added such products to the cart and selected the payment option of bank transfer, then the performance of the bank transfer shall be made by taking into account the following information:

 

Name of beneficiary: Cogitate Games Kft.

Bank managing the bank account: OTP BANK

Number of bank account: 11763488-55592015-00000000

Comment: [Please indicate here the identifier, number of your order]

 

  • For the purpose of a faster administration, we hereby draw the attention of the Customer to make sure to indicate the number of the order in the comment field, as in failure thereof, the processing of the bank transfer may take a longer time. We also draw the Customer’s attention to the fact that the delivery shall be started following the performed bank transfer, that is, the deadline for delivery starts after the amount of the bank transfer is credited on the Undertaking’s bank account. Should you have any questions or requests regarding payment, please do not hesitate to contact us.

 

Telephone number of our customer service: +36302444111

E-mail address: hello@crokinole.guru

 

  • Following the provision of the required data, the acceptance of this GTC, and the successful payment transaction, the Undertaking shall deliver the product to the Customer, by its service provider partner carrying out the delivery with whom the Undertaking is in a contractual relationship.

 

  • The carrier services shall deliver the ordered product to the address for service provided by the Customer. Delivery shall be performed by the DHL Carrier Service. On the day of delivery, the carrier service sends a text message to the mobile number provided by the Customer, in which it sends the order of the delivered package and the telephone number of the central customer service. The Customer may acquire information about the expected date of delivery with this information.

 

  • Should the delivery of the product be frustrated or performed with default due to the fault of the carrier partner, the Undertaking shall not be liable for any damage occurred in connection therewith. Should the frustration of delivery fall in the sphere of interest of the Undertaking, the consideration of the product, the arising costs of delivery, that is, the entire amount paid by the Customer for the product shall be reimbursed to the Customer, moreover, in this case, the Customer is entitled to withdraw from the purchase of the product.

 

  • The Undertaking sets forth that the Customer may take over the ordered product personally, at the following address:

Shop and showroom of the Undertaking

Address: 8200 Veszprém, Szűcs u. (Street) 10.

 

  1. The Undertaking shall issue an invoice of the purchase of the product based on the data provided by the Customer, by using the invoicing programme of szamlazz.hu (KBOSS.hu Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság, company registration number: 01-09-303201, registered seat: 1031 Budapest, Záhony u. [Street] 7.), which invoice shall be sent to the Customer in e-mail or simultaneously with the delivery. If the Customer has provided an incorrect name or address to be indicated on the invoice and the invoice has been issued accordingly, the Customer may request the correction of the invoice one time, and the Customer shall notify the Undertaking thereof within 10 calendar days following the issuance of the invoice at the latest. The Customer may send their request regarding the correction of the invoice in e-mail, to the Undertaking’s e-mail address of hello@crokinole.guru.

 

 

  1. DATA REGARDING THE RELEVANT CHARACTERISTICS OF THE PRODUCT

 

  1. Information on the characteristics and nature of the product offered for sale and the conditions of purchase may be acquired on the specific pages of the webshop.

 

 

  1. PROCESS OF THE ESTABLISHMENT OF THE SALE AND PURCHASE CONTRACT
  2. The sale and purchase contract of the products offered in the webshop of www.crokinole.guru operated by the Undertaking may be concluded online, by an order placed electronically, in the manner provided for by this GTC.
  3. During the visiting of the webshop and following the searching amongst the products, the Customer may add the product to their virtual cart by clicking on the “Cart” sign (Cart button) without having any obligation of purchase or payment, as the placing of the product in the cart does not constitute a making of an offer. By placing the product in the virtual cart, a separate information window appears, in which the data regarding the quantity of the products added to the cart and the consideration of the product is indicated. If more products are added to the cart, these data shall appear on the online interface separately, with regard to each product.
  4. The Undertaking shall ensure to the Customer that the individual specifications of the product(s), that is, the quantitative and qualitative characteristics of the product(s) may be changed later on. Following the selection of the product(s), the Customer may view the information window by clicking on the “Cart” button, the purpose of which is to ensure the entire summary, overviewing, and checking of the data regarding the order. As per their choice, the Customer may return to the webshop to view other products for purchasing (“Continue purchasing”), or to finalize the purchase of the products in the cart and continue the steps to be taken for the purchase of the selected product(s) by clicking on the “Proceed to checkout” button. Should the Customer intend to finish the purchasing of the product(s), then, following the provision of the data regarding the delivery method, invoicing and delivery data, the Customer may pay the consideration of the product purchased in the webshop operated by the Undertaking by bank transfer, cash on delivery or simultaneously with the personal delivery, to the Undertaking.
  5. During the order, the Customer is obligated to provide their personal data relating to the purchase, as well as possibly their invoicing data, and in case of the delivery of the product, their data required for delivery. The purchase is not subject to registration, nonetheless, the Customer is obligated to provide the data to the Undertaking for the performance of the purchase of the product, as stipulated above.
  6. If all the personal and delivery data required by the Undertaking has been provided, the Customer, by clicking on the “Order” button, may send their order to the Undertaking. The Undertaking shall manage the Customer’s personal data to be obligatorily provided with regard to the order by legal authorization, under the provisions of the relevant legal acts, for the performance of the contract and for the subsequent proving of the terms and conditions of the contract. Our detailed terms and conditions relating to the management of the personal data are included in the “Privacy Policy” which may be directly accessed by clicking on its title before finalizing the order.
  7. With respect to the product(s) purchased in the webshop operated by the Undertaking, there is a possibility to use a discount coupon which may be provided on the online interface before the payment of the consideration of the product, in the discount period set by the Undertaking in advance. The Undertaking specifically sets forth that it shall disclose detailed information of the conditions of using the discount coupon to the Customer before the discount period. If the Customer has a discount coupon, they may use it in the discount period set by the Undertaking, by providing the code of the coupon when selecting the payment method.
  8. By the order of the product(s) as set forth in this Chapter, the order placed by the Customer shall be sent through the Undertaking’s online interface, which, in relation to the Customer, shall entail payment obligation. The Undertaking shall send a confirming e-mail of the order to the e-mail address provided, by indicating the name and quantity of the ordered product, as well as the amount of the consideration to be paid.
  9. The Undertaking offers the delivery services by using the services of third-party carriers, in exchange for a fee. The Customer is obligated to pay the costs deriving from the delivery, which amount shall be indicated to the Customer before the finalizing of the order. Should the Customer select home delivery as delivery method in relation to the ordering of the product(s), the Undertaking shall inform the Customer of the fees of such delivery. Should the Customer select home delivery as delivery method in relation to the ordering of the product(s), the order may only be finalized after the acceptance of said delivery fee. The consideration of the product sold through the webshop operated by the Undertaking includes the costs of packaging.
  10. By sending the order, the sale and purchase contract is established between the Customer and the Undertaking with respect to the selected product(s). The contract constitutes a contract concluded by parties that are absent, in an electronic manner, by a device that enables communication between absent parties, which shall be governed by the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on electronic commerce and information society services. Should the Customer be deemed a consumer under the relevant legal acts in force (current effective definition: a natural person acting outside their profession, independent occupation, or business activity), then the contract is subject to the Government Decree No 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses, and the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights shall be taken into account.
  11. The Undertaking shall confirm to the Customer in an automatic e-mail that it has received the order electronically, which e-mail as a durable medium confirms the receipt of the Customer’s order and the details of such order. The confirming e-mail constitutes a confirmation of the conclusion of the contract on a durable medium in accordance with the provisions of Section 12, Subsection 2 of the Government Decree No 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses, to the application of which the consumer shall give its consent by the acceptance of this GTC. The Customer accepts that the Undertaking does not regard it reasonable to provide paper copies of the contract during the purchase in the webshop of www.crokinole.guru with special attention to the fact that the contracts were not concluded in such a form. The invoice relating to the products delivered by the Undertaking shall be sent to the Customer in e-mail or simultaneously with the delivery, and the invoice shall certify the fact that the Undertaking deems the contract established and the contract includes its essential terms and conditions.
  12. Should the automatic confirmation e-mail of the Customer’s order fail to arrive in 48 hours to the e-mail address provided by the Customer, then the Customer shall be exempt from their contractual obligations with respect to the fact that the contract between the Undertaking and Customer was not established.
  13. The Customer may correct the data entry errors on the ordering interface at any time during the ordering of the product(s) until the sending of the order to the Undertaking, for instance, the Customer may delete the product from the cart by clicking on the “Delete item” button. Should the Customer detect any data entry error only in the confirming e-mail, they may also initiate the correction of such errors in a response e-mail within 3 working days based on the confirming e-mail. Nevertheless, the Undertaking shall deem this as a suggestion of the amendment of the contract and it shall suspend the performance of the contract until such time that the error is corrected based on the request to do so, and the correct data is confirmed.
  14. The Customer accepts and acknowledges that the Undertaking shall bear no liability for any default in performance, other issues, and defects that may be traced back to the incorrect and/or inaccurately provided data and e-mail address that is not appropriate for receiving e-mails. Additionally, the Undertaking shall not be liable for any damage occurred due to the fact that the Customer forgets their password set during registration, or that the password becomes accessible to unauthorized persons due to reasons not attributable to the Undertaking.

 

 

  1. THE PERFORMANCE OF THE CONTRACT

 

  1. The Undertaking shall endeavour to have the orders that were placed through the webshop handed over/delivered to the address for service provided by the Customer within the shortest possible time. The time of handing over/delivery of the products depends on the fact whether the Undertaking disposes of the product ordered in its stock. Should the Customer order multiple products at the same time, the products shall be delivered together, simultaneously, and the time of delivery shall be that applicable to the product, the delivery of which takes the longest. The ordered products shall be delivered to the Customer within 30 days. For the purposes of this Section, the deadline for performance shall be fulfilled even if the delivery attempt was unsuccessful, that is, if, at the time of delivery, the person entitled to take over the product(s) may not be found at the address for service. The Undertaking reserves the right to amend the provision of this GTC relating to the deadline for the delivery of product(s) to the Customer. The amendment referred to in this Section does not affect the deadline for performance relating to the orders placed by the Customer prior to such amendment. Should the Undertaking fail to deliver the ordered product to the Customer within 30 days as set forth herein, the Undertaking is obligated to immediately notify the Customer thereof and it shall indicate the expected deadline for performance of the order, however, the Customer is entitled to exercise their right of withdrawal in light of the fact that the performance default occurred in the Undertaking’s sphere of interest. With respect to the exercising of the Customer’s right of withdrawal, the provisions of Chapter X of this GTC are applicable.
  2. By taking over the product from the carrier (the person responsible for delivery) and by signing the document certifying the delivery, the quantitative delivery of the product(s) shall occur, meaning that the Undertaking shall not expect any subsequent complaints regarding the quantity of the product(s). By signing the delivery note, the Customer acknowledges that the package taken over complies with those determined in the order, in respect of both of its external packaging and its quantity.
  3. If the Customer detects any harms to the ordered product during delivery, whether it be regarding the product or the package, the Customer is entitled to request the carrier to draw up minutes of the harms detected. The Undertaking undertakes the obligation to take over the product free of charge if such harm is detected at the delivery of the product. The Undertaking shall not bear any liability for any physical harm occurred in the product following delivery.
  4. Should the Undertaking fail to perform the delivery of the product ordered by the Customer due to stock shortage or production capacity shortfall occurred following the order of the product, the Undertaking is obligated to notify the Customer thereof in order for the Customer to be able to exercise their right of withdrawal. With respect to the exercising of the Customer’s right of withdrawal, the provisions of Chapter X of this GTC are applicable.

 

 

VII. WARRANTY FOR MATERIAL DEFECTS

 

  1. We shall disclose the conditions of the warranty for material defects applicable to consumers as per the model instructions laid down in Annex 3 of the Government Decree No 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses and we shall make them a part of this GTC as follows:

In which cases may the Customer exercise their right of warranty for material defects?

The Customer may pursue their claim of warranty for material defects upon the defective performance of the Undertaking, against it, as per the rules and regulations of the Civil Code.

What are the Customer’s rights according to their claim of warranty for material defects?

As per their choice, the Customer may pursue the following claims of warranty for material defects:

They may request repair or replacement unless the performance of any of these claims selected by the Customer is impossible, or it would mean a disproportionate additional cost to the Undertaking as opposed to the performance of any other claim. If the Customer has not or could not have requested repair or replacement, they may claim the pro-rata reduction of the consideration, or the Customer may repair the defect themselves or have it repaired by another person at the cost of the Undertaking, or, as a last resort, the Customer may also withdraw from the contract.

 

The Customer may also switch from their selected remedy for breach of warranty for material defects to another remedy, however, the Customer shall pay the costs caused by the switch unless it was justified, or it was caused by the Undertaking.

 

What is the statue of limitations for exercising your claims of warranty for material defects?

 

The Customer is obligated to disclose the defects immediately after their detection but not later than within two months after such detection. Nonetheless, we shall also draw your attention to the fact that beyond the statue of limitations of two years following the performance of the contract, you may not pursue your claims of warranty for material defects.

 

Against whom may you pursue your claims of warranty for material defects?

 

The Customer may pursue their claims of warranty for material defects against the Undertaking.

 

What are the other terms and conditions for pursuing the claims of warranty for material defects?

 

Within six months following performance, there are no other terms and conditions for pursuing the claims of warranty for material defects beyond the disclosure of the defect with the proviso that you certify that the Undertaking has sold the product and/or provided the service. Nevertheless, following six months after the performance you are obligated to prove that the defect detected by you already existed at the time of performance.

 

VIII. PRODUCT WARRANTY

 

  1. We shall disclose the conditions of product warranty applicable to consumers as per the model instructions laid down in Annex 3 of the Government Decree No 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses and we shall make them a part of this GTC as follows:

 

In which cases may the Customer exercise their right of product warranty?

 

In case of the defects of movables (products), the Customer may, as per their choice, pursue their claims deriving from warranty for material defects stipulated in the previous Section, or product warranty.

 

What are the Customer’s rights based on their product warranty?

 

The Customer may only request the repair or replacement of the defective product as a claim of product warranty.

 

In which cases does the product constitute defective?

 

The product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer.

 

What is the statue of limitations for pursuing the product warranty claims?

 

The Customer may pursue their claims with respect to product warranty within two years after the product was placed on the market by the producer. The expiry of this time limit shall cause the forfeiture of rights.

 

Against whom may you pursue your claims of product warranty and what are the additional terms and conditions thereof?

 

You may only pursue your claims of product warranty against the producer or distributor of the movable. The Customer shall prove the defect of the product when pursuing their claims of product warranty.

 

In which cases shall the producer (distributor) be exempted from their product warranty obligation?

 

The producer shall be exempted from the product warranty obligation if they prove that

 

– they have not produced or distributed the product within their business activities or independent professional activities, or

 

– the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market, or

 

– the product’s defect was caused by the application of a law or a mandatory authority provision.

 

For the exemption, the producer (distributor) shall only prove one reason.

 

The Undertaking draws the attention of the Customer to the fact that they may not pursue parallel claims of warranty for material defect and product warranty due to the same defect, at the same time. Nevertheless, upon the successful pursuing of your claim of product warranty, you may pursue your claim of warranty for material defect with respect to the replaced product or the repaired part against the producer.

 

The Undertaking informs the Customer that the part of the repair time during which the obligee was unable to use the thing in accordance with its designated use shall not be calculated in the limitation period.

 

 

  1. GUARANTEE

 

In which cases may you exercise your right of guarantee?

 

In case of defective performance, the Undertaking is obligated to comply with its guarantee obligation.

In which cases shall the Undertaking be exempted from its guarantee obligation?

 

The Undertaking may only be exempted from its guarantee obligation if it proves that the reason for the defect occurred following performance.

 

The Undertaking draws the attention of the Customer to the fact that they may not pursue parallel claims of warranty for material defect, product warranty, and guarantee due to the same defect, at the same time.

 

 

  1. WITHDRAWAL
  2. With respect to the contract concluded through the webshop of www.crokinole.guru operated by the Undertaking, the Customer is entitled to the right of withdrawal that may be exercised without providing any reasons thereto, within 14 days following the delivery of the product(s) to the Customer, based on the specific order. If due to any reason, the Undertaking delivers the products relating to the specific order on various dates, then the deadline for exercising the right of withdrawal shall be calculated from the taking over of the product that was delivered last.
  3. The right of withdrawal referred to in the previous Section may also be exercised prior to the delivery of the product(s). The written declaration regarding the withdrawal shall be sent to the address or e-mail address of the Undertaking indicated in Chapter I.
  4. The Customer may also exercise their right of withdrawal by any other clear written declaration. The Customer shall bear the obligation of proving whether they exercised their right of withdrawal as set out by the provisions of this Section.
  5. Should the Customer withdraw from the contract concluded with the Undertaking as set out in the previous Section, the Undertaking shall immediately but not later than within 14 days after it became aware of the withdrawal, reimburse the entire amount paid by the Customer as consideration, including the costs incurred in relation to the performance.
  6. In case of withdrawal according to the aforementioned, the Undertaking shall pay the amount owed to the Customer in the same payment method as selected by the Customer. Upon the explicit request of the Customer, the Undertaking may use a different payment method, however, due to this case, the Customer shall have no additional costs or fees to be paid.
  7. If the Customer explicitly chooses a different way of delivery than the least expensive and usual way of delivery, the Undertaking is not obligated to reimburse any additional costs deriving therefrom.
  8. The Undertaking may retain the amount to be paid back until such a time that the Customer hands back the product or they have certified beyond any doubt that it has been sent back; from the two alternatives, the earlier date shall be taken into account.
  9. If the Customer, according to the abovementioned, withdraws from the contract concluded in the webshop of www.crokinole.guru operated by the Undertaking, the Customer is obligated to send back or personally return the product together with the documentation relating to the product immediately but within 14 days following the disclosure of the withdrawal at the latest. The return shall be deemed performed within the deadline if the Customer sends back the product prior to the expiry of the deadline.
  10. The direct costs of the return of the product shall be borne by the Customer. This clause shall also apply in the case of replacing of a board due to guarantee claims. Shipping costs are non-refundable.
  11. The Customer shall be liable for any loss of value stemming from such use that exceeds the use required for the determining of the nature, characteristics, and operation of the product.
  12. Beyond and besides complying with the performance of its obligations towards the Customers laid down in legal acts, the Undertaking seeks to provide the Customers additional rights and possibilities for increasing consumer satisfaction, furthermore, it shall not only ensure the rights of specific Customers to Customers who constitute consumers under the legal acts. The Customer may acquire information of these possibilities and rights on the website of www.crokinole.guru operated by the Undertaking. With respect to the additional rights under this Section, the Undertaking reserves the right to amend the content thereof without the amendment of this GTC, by modifying the terms and conditions indicated on the website of www.crokinole.guru operated by the Undertaking, or to apply its individual discretion with regard to the provision of certain additional rights. The rights and possibilities provided for in this Section shall in no case constitute restrictions of consumer rights ensured by legal acts and other provisions of this GTC.

 

  1. The sample declaration regarding the exercising of withdrawal shall form an Annex to this GTC.

 

 

  1. TRADEMARKS AND COPYRIGHTS

 

  1. Under Section 1, Subsection 1 of Act LXXVI of 1999 on copyrights (hereinafter referred to as Copyrights Act) and Section 1, Subsection 1 of Act XI of 1997 on the protection of trademarks and geographical indications (hereinafter referred to as Trademark Act), graphical solutions, trademarks, logos, and other information and material indicated on the website of the Undertaking (www.crokinole.guru) constitute the exclusive ownership of the Undertaking and/or its contractual partners. The Customers and other third persons may not use, make copies of, disperse, or publish these indications for the purposes of acquiring profit without the explicit and prior written consent of the Undertaking and its contractual partners. Any material from the website and its database may only be taken over and used by referring to the website and indicating the source, even if the rightsholder has given its written consent thereto.

 

 

XII. POSSIBILITIES OF ENFORCING RIGHTS

  1. Management of complaints

1.1. Should the Customer fail to receive a comforting and satisfactory response to their inquiry through the customer service of the Undertaking, the Customer may send their remarks and complaints to the e-mail address of hello@crokinole.guru or they may send it to the address for service of the Undertaking, which, at the same time, serves as the place of the management of complaints. The Undertaking requests the Customer to refer to the negotiations at the customer service and the circumstances of its unsuccessful nature in their complaint.

1.2. The Undertaking shall provide a substantial response to the complaint in writing, within 30 days at the latest, and should it deem the complaint unfounded, it shall provide its reasons supporting such viewpoint in writing.

1.3. In case of the rejection of the complaint, the Undertaking shall inform the Customer in writing that, depending on the nature of its complaint, the procedure of which authority or conciliation board may be initiated. Additionally, the information includes the registered seat, telephone number, and internet contact information, as well as the address for service of the authority having jurisdiction, and/or that of the conciliation board of the Customer’s permanent address or habitual place of residence. The information also extends to the fact if, for the settling of the consumer dispute, the Undertaking uses the procedure of the conciliation board.

1.4. The Undertaking is obligated to keep the minutes drawn of the complaint and the copy of the response for five years, and upon the request of the monitoring authorities, to present said documents.

1.5. The Customer may also exercise their rights regarding consumer issues relating to the order by online dispute resolution, via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

  1. Other possibilities for enforcement of rights

2.1. If the possible consumer dispute between the Undertaking and the Customer is not settled during the management of the complaint, the Customer has the following possibilities for enforcing their rights:

2.2. Complaints at the consumer protection authorities. Should the consumer observe the violation of their consumer rights, they are entitled to submit claims to the competent consumer protection authority of their permanent address. Following the resolution of the complaint, the authority shall decide on conducting the consumer protection proceeding.

2.3. Conciliation board. For the purpose of peaceful, out-of-court settlement of the consumer dispute regarding the quality and security of the products, the application of product liability rules, and the conclusion and performance of the contract, the consumer may initiate proceedings before the conciliation board having jurisdiction. For the purposes of the rules regarding the procedure of the conciliation board, any such non-governmental organisation, church, condominium, housing cooperative, microenterprise, and small and medium-sized enterprise under the relevant legal acts who purchase, order, receive, use goods, or who is the addressee of commercial communication and offers regarding the goods, shall also constitute a consumer.

Contact information of the Conciliation Board attached to the Veszprém County Chamber of Commerce and Industry:

Address: 8200 Veszprém, Radnóti tér (Square) 1. földszint (ground floor) 116.

E-mail address: bekelteto@veszpremikamara.hu

Facsimile number: +36 88 412 150

Telephone number: +36 88 429 008

Contact information of the Conciliation Board attached to the Jász-Nagykun-Szolnok County Chamber of Commerce and Industry:

Address: 5000 Szolnok, Verseghy park 8. III. em. (floor) 303-304. szoba (room)

E-mail address: bekeltetotestulet@iparkamaraszolnok.hu

Telephone number: +36 20 373 2670

 

2.4. Court proceedings. Pursuant to the relevant legal acts, the Customer is entitled to pursue their claims stemming from the legal dispute before the courts, in the scope of civil proceedings.

 

XIII. RELEVANT LEGAL ACTS

 

  • Act V of 2013 on the Civil Code
  • Act CLV of 1997 on consumer protection
  • Act CVIII of 2001 on electronic commerce and information society services
  • Government Decree No 151/2003 (IX.22.) on the statutory warranty for certain non-perishable consumer goods
  • Government Decree No 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses
  • Decree No 19/2014 (IV.29.) of the Minister for National Economy on the procedural rules for administering warranty and guarantee claims on products sold to consumers under a contract between the consumer and enterprise
  • Act LXXVI of 1999 on copyright
  • Act XI of 1997 on the protection of trademarks and geographical indications
  • Act CXII of 2011 on informational self-determination and freedom of information
  • Regulation (EU) 2018/302 of the European Parliament and of the Council on addressing unjustified geo-blocking and other forms of discrimination based on customer’s nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
  • Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

 

 

XIV. MISCELLANEOUS PROVISIONS

 

  1. The Customer acknowledges and accepts that the Undertaking shall manage the data acquired during the online purchase as confidential, it shall only use such data for the performance of the purchases, and it shall not disclose them to any third parties apart from the carriers concerned in any form whatsoever. By providing their personal data, the Customer shall consent for the Undertaking to manage them according to the abovementioned manner.

 

  1. The Undertaking is entitled to use subcontractors and contributors.

 

  1. The Undertaking shall not register the contract concluded with the Customer, therefore, it shall not be subsequently accessed and viewed. The orders placed by the Customer shall constitute legal declaration made by way of implied conduct.

 

  1. The Undertaking has not submitted itself to the provisions of any code of conduct.

 

  1. The Undertaking is a business entity registered in Hungary, and this GTC shall be governed by the rules and regulations of Hungarian law, irrespective of any possible conflict of laws.

 

  1. The Customer is entitled to pursue their claim deriving from consumer legal disputes before courts, in the scope of civil proceedings under the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

 

 

Date: Budapest, 11 November 2021

 

 

 

 

Annex 1:         Declaration of withdrawal

 

 

Declaration of withdrawal

 

to the attn. of Cogitate Games Ltd.

 

Address for service: 8200 Veszprém, Szűcs u. (Street) 10.

E-mail: hello@crokinole.guru

 

 

Undersigned _____________________________________ declare that I shall exercise my right of withdrawal with respect to the sale and purchase contract of the following product(s):

 

Date of the conclusion of the contract:

 

Order number:

 

Name of the Customer:

 

Name of the Customer:

 

 

Date:

 

 

_______________________________________

Signature of the Customer