Terms of purchase
1. GENERAL INFORMATION
1.1. Scope of the General Terms and Conditions
By making a purchase on vivawell.hu (hereinafter referred to as "webshop"), you also accept the following General Terms and Conditions (hereinafter referred to as "GTC"). The GTC apply to all purchases made on the webshop, so please read our information carefully.
These GTC are effective from 01.04.2021 until revoked. The operator of the webshop reserves the right to modify the current GTC at any time by simultaneously publishing it on the webshop. The current version of the GTC shall apply to all orders.
1.2 Information about the operator (hereinafter referred to as: vivawell.hu)
Name of the operator: vivawell.hu - Varga Vivien E.V.
Full legal name: Vivien Varga, sole proprietor
Tax number: 55549763-1-33
Postal address: 2100 Gödöllő Szabadság út 225
E-mail address: email@example.com
1.3. Products offered
The webshop offers casual and sportswear, lingerie and other accessories. Detailed information about the products can be found on the page related to the product.
During the production of the products, raw materials complying with the GRS (Global Recycled Standard) standard CU1013814GRS-2022-00171867 are used.
1. USE OF THE WEBSHOP
In order to conclude a contract, the following steps are required:
Select product and add to cart
In the Webshop, you can select the product to be purchased, choose the size, colour and quantity. It is possible to purchase one or more products in the same order process. After selecting the desired product and the required details, you can add the products to your shopping cart. The current contents of the basket can be checked by clicking on the basket icon.
You can delete any item in your cart or change the quantity by clicking on the Delete / Update button. Please note that the products you have selected are not reserved for you and may be purchased by other customers.
You can submit your order by clicking on the order icon in your shopping cart. You will then need to provide vivawell.com with your billing and shipping details. During the order process, you are responsible for ensuring that the information you provide about yourself is true, accurate and complete. vivawell.com is not responsible for any changes to the information you provide prior to the delivery of the products ordered.
When placing your order, the product selected, the purchase price and, if applicable, the delivery charge will be indicated.
Please note that only persons over 18 years of age are eligible to place an order. In addition, vivawell.hu is entitled to refuse any orders sent via the Webshop that are part of your or third parties' commercial activities. The website is intended to handle small orders for personal purposes. In case of a commercial purchase request, please contact us at firstname.lastname@example.org
Order finalisation and payment
You can purchase the product(s) in your shopping cart by postal order, bank transfer or credit card payment. vivawell.hu reserves the right to limit the availability of these payment methods in case of any technical problems.
In case of payment by credit card, the webshop will navigate you to the payment gateway page.
You have the possibility to modify the contents of your shopping cart and the payment or delivery method you have chosen at any time before making the payment.
Confirming your order
As soon as your order has been finalised and payment has been made, we will send you an e-mail confirmation containing a summary of your purchase.
Please note that vivawell.co.uk is not responsible for any failure or delay in sending you a confirmation if this is due to you having provided an incorrect email address when placing your order, or if this email account is full, or any other technical problems that may arise in your interest.
Please also note that vivawell.com reserves the right to:
- reject an order that has already been confirmed. In such a case, vivawell.com will notify you immediately and will refund the full amount paid by you without delay, but within a maximum of 30 days.
- correct any errors in the products or prices on the webshop. In such case, vivawell.hu will inform you immediately of the new details. You may then reconfirm your order or either party may withdraw from the contract.
- limit the quantity of products that can be delivered to a customer or to a postal address. You may limit or cancel the quantity ordered per customer at vivawell.com's discretion. In such a case, vivawell.hu will notify you immediately.
The ordered product will be delivered to the delivery address you have specified during the ordering process.
For further delivery conditions, please see point 4 of these GTC ("Delivery Conditions").
You have the possibility to correct data entry errors (e.g. by updating your shopping cart or deleting products from your shopping cart) throughout the order process until the order is finalised and payment is made. Once the order has been placed, you can still correct the errors by sending an e-mail to email@example.com, but in this case we cannot guarantee that the errors will be corrected before the order is completed.
2.3 Other information about the order process
The contractual relationship between you and vivawell.com is established electronically and is not considered a written contract. These GTC are available in Hungarian. In the event of a dispute or question of interpretation, the version in force on the date of the order shall prevail. The language of the contractual relationship between you and vivawell.hu is Hungarian. vivawell.hu is not subject to any code of conduct.
Please note that vivawell.hu has the right to suspend or refuse the sale of products / provision of services if you intend to purchase / use services in a manner contrary to the provisions of these GTC or if vivawell.hu, the payment gateway or any authority investigates a suspected abuse.
1. PAYMENT TERMS
To finalise your order, you are required to pay the following amounts for the product ordered:
the purchase price of the Product, including packaging suitable for delivery, and
Where applicable, the separately indicated delivery charge.
The purchase prices and delivery charges indicated in the Webshop are gross amounts. However, as far as non-EU countries of destination are concerned, the delivery charge does not include any customs duties, taxes or other charges that may be levied by those countries. You will be responsible for these charges, which may vary from country to country. It is not possible for vivawell.com to predict these costs. These costs may be charged directly to the buyer by the customs authorities of the country of destination, or may be invoiced through the carrier. vivawell.hu recommends that you contact your local customs authority for more information on the customs and other charges applicable in your country.
3.2 Currencies and payment methods
The default currency of the Webshop is HUF. vivawell.hu processes orders in HUF.
The vivawell.hu accepts PayPal Check out, VISA, MasterCard/Maestro and American Express credit cards, as well as any other payment method explicitly indicated by the Webshop. The payment gateway of the webshop is PayPal.
Please note that vivawell.hu is not liable for late payment or non-payment if the bank issuing your card refuses to process the payment for vivawell.hu.
3.3 Other issues
As an environmentally conscious brand, we will send your electronic invoice by e-mail, so it will not be included in the package you send. Please do not print it yourself.
vivawell.hu is not liable for refusal to accept an order or delivery of a product ordered at an obviously incorrect purchase price indicated on the webshop (e.g. in case of an incorrectly low purchase price due to a possible system or administrative error). An order with an obviously incorrect purchase price, which is also confirmed by vivawell.hu, will be considered as an invalid contract. In such a case, vivawell.hu will offer to deliver the product at the correct purchase price and you will have the option to cancel your order for that product.
1. DELIVERY CONDITIONS
4.1 General information about delivery
The products are delivered by courier service who are included or by the Hungarian Post. Delivery to PO Box addresses is not possible.
4.2 Delivery charges and delivery times
Applicable delivery charges:
Order value 0-25000 HUF
- parcel service: 1490 HUF
Order value over 25000 HUF 0 HUF
If you need delivery abroad, please contact us: firstname.lastname@example.org
The applicable delivery times are:
0-10 working days
The detailed and currently applicable delivery terms are published on the webshop
The delivery times and conditions are indicated on the webshop.
vivawell.hu will do its best to fulfil your order within the above deadlines, but cannot be held responsible if the delivery time is longer than indicated, nor can it be held responsible for delays in delivery due to reasons beyond its control. In the event of any unexpected delays, vivawell.com will make every effort to notify you appropriately.
In the event of a product being returned to vivawell.hu, you will be liable to pay the associated delivery charges and you may also use any carrier or MPL.
In case of returning a defective product, the shipping charges associated with the return will be paid by vivawell.com.
5.1 Right of withdrawal within 30 days
- Linen and underclothing (like swimsuit panties): According to the applicable provisions, the consumer may not exercise the special right of withdrawal without giving reasons provided for in the context of an online sale in respect of a product in sealed packaging which cannot be returned after opening after delivery for health or hygiene reasons. Lingerie and any kind of underware), after opening its packaging, falls into this category.
Accordingly, we are only able to apply the 30-day right of withdrawal to underwear in the event of unopened packaging or a defect clearly inherent in the manufacture of the product.
- Other clothing, accessories. The right of withdrawal may be exercised by sending an express declaration to vivawell.hu email@example.com.
In such a case, the product concerned must be returned to vivawell.hu without delay, but no later than 30 (thirty) days from the date of the notice of withdrawal. This deadline shall be deemed to have been met if you dispatch/post the product concerned before the expiry of the 30 (thirty) days. You may return the product using your chosen carrier or MPL and all shipping charges will be charged to you. vivawell.com will only be liable for the associated shipping charges if the product is defective and this is the reason for the return.
The return address in all cases:
2100 Gödöllő, Szabadság út 225, Hungary
The vivawell.hu will check the quality of the returned product as soon as it receives it in order to determine the conformity of the product.
Please note that you are responsible for any loss in value resulting from use/wear beyond the use necessary to determine the nature, properties and functionality of the product. Returned products that have been used or damaged beyond the above limits will not be accepted and may be refused a refund in whole or in part. vivawell.com will notify you within 30 days of receipt of the returned product to accept, partially or completely refuse the refund.
In case of acceptance, vivawell.co.uk will refund the reduced or full amount originally paid by you for the returned product in the same way as the payment method you used. However, unless the product is defective, this refund will not include the delivery charges you have paid for the return. In addition, all refunds will be based on the amount you paid for the product purchased, i.e. for a product with a promotional price, vivawell.co.uk will refund up to the promotional price of that product.
No refund will be made if the product is not returned within the time limit set out in point 5.1.
Please note that you do not have the right of withdrawal in cases where the product has been made on your instructions or at your express request, or in the case of a product that is clearly personalised for you.
Please also note that the right of withdrawal only applies to consumers (i.e. not to businesses, for example).
If you wish to exchange the ordered product while exercising the right of withdrawal, please notify us within 30 (thirty) days of receipt of the ordered item as described in section 5.1.
In this case, the provisions of this Article ("Returns"), in particular including time limits, refund conditions and exclusions, shall also apply (with appropriate modifications) to the exchange of the product.
If you wish to exchange, you must return the unwanted original item for a refund and place a new order.
In the event of defective performance, you are entitled to claim against vivawell.hu under the terms of the Hungarian Civil Code.
In case of your request, you have the following rights: if the product is defective due to a manufacturing defect, vivawell.hu will offer to repair or replace the product. If the product cannot be repaired or the same product is not available, you will be entitled to a proportionate reduction of the purchase price, or you may have the defect repaired or replaced at vivawell.hu's expense, or you may be entitled to a full refund. Please note that a full refund will not be given for a minor defect. You may switch from one warranty to another, but you will be liable for the cost of the switch, unless the reason for the switch was provided by vivawell.hu.
You must notify vivawell.com of the defect without delay, but no later than 2 (two) months after the discovery of the defect. Your warranty claim will expire 2 (two) years after delivery.
Until proven otherwise, you shall be presumed to have been aware of the defect within 6 (six) months of delivery (unless this presumption is incompatible with the nature of the product or the nature of the defect).
6.2 Product warranty
All private purchasers have the right to make a product warranty claim against vivawell.hu, subject to the conditions set out in this clause. Under the product warranty, you can claim that vivawell.hu should repair the defect or that vivawell.hu should replace the product. You must notify vivawell.com without delay after discovering the defect, but within a maximum of 2 (two) months. You must prove the existence of the defect and the product will be considered defective only if (I) it does not meet the applicable quality requirements for that product or (II) it does not have the characteristics described in the description provided by vivawell.hu.
You may bring your claim against vivawell.hu within 2 (two) years from the date of delivery.
You must choose between the rights described in 6.1. and 6.2. above, i.e. whether to claim against vivawell.hu under the warranty of the accessories or the product warranty.
6.3. Other issues
In relation to points 6.1 and 6.2
The provisions of clauses 6.1 and 6.2 above apply to consumers. (A consumer is a natural person acting outside the scope of his or her profession, self-employment or business activity. As regards purchasers who are not consumers, they are subject to the different provisions of the Civil Code.)
Please note that vivawell.hu is not liable for damages resulting from natural wear and tear or negligent use or any other treatment not in accordance with the product description.
In relation to the information you provide
If you provide incorrect or non-existent data during the ordering process, the contract with vivawell.hu will be considered null and void. vivawell.hu shall not be liable for any delay in delivery if it is caused by the incorrectness or incompleteness of the data provided by you.
Limitation of liability
Please note that vivawell.hu shall not be liable in the event that third party service providers fail to fulfil their obligations towards vivawell.hu or do not fulfil them in accordance with the contract. vivawell.hu reserves the right to refuse, in whole or in part, after consultation with you, the confirmed order.
The extent of liability for any damages that vivawell.hu may be liable to pay shall be equal to the amount paid by you for the products/services. In no event shall vivawell.hu be liable for damages that are not reasonably foreseeable.
The risk of liability and ownership of the products shall pass to you upon delivery to the carrier.
vivawell.hu does not warrant that the webshop will be available at all times without interruption or error, due in particular to a fault in the Internet connection or any other circumstances for which third parties, including but not limited to the hosting provider, are responsible.
1. MIXED PROVISIONS
In the event of any complaint, vivawell.hu will endeavour to resolve the cause of any complaint by negotiation. You may at any time make a complaint of any kind in writing to vivawell.hu at the following e-mail address: firstname.lastname@example.org
vivawell.hu will respond to all written complaints without delay and at the latest within 30 (thirty) days. If vivawell.com does not accept your complaint, it will provide reasons for its refusal.
In addition, you may also take your complaint to the following organisations/authorities.
The competent Hungarian authority responsible for consumer protection:
Budapest Metropolitan Government Office, Consumer Protection Department
Address: 19, Sas u. 19, III. floor, 1051 Budapest
Phone: +36 1 450 2598
E -mail: email@example.com
The Hungarian conciliation bodies:
Budapest Conciliation Board
101 1013 Budapest, 1014 Budapest Street, 1014 Budapest, Hungary Phone: +361 488 2131
Fax: +361 488 2186
E -mail: firstname.lastname@example.org
The contact details of all conciliation bodies can be found at http://www.fogyasztovedelem.kormany.hu/node/8579
7.2. Applicable law and competent courts
These GTC and the contractual relationship between you and vivawell.hu shall be governed by the provisions of Hungarian law. The Hungarian courts shall have jurisdiction over any disputes between you and vivawell.hu.
7.3. Intellectual property
All content, including but not limited to text, logos, trademarks, graphics, designs, images, photographs, videos, sound recordings, etc., contained on the Webshop and related to vivawell.hu products/services are the property of vivawell.hu or its content provider and are protected by copyright. By purchasing any product, you do not acquire any intellectual property rights.
For information on data protection, please see the separate privacy notice.
The following are the data management steps of the vivawell.hu website operated by Zoltán Krizsanyik E.V.
Full legal name: Zoltán Krizsanyik, sole enterpriser
Tax number: 57217666-1-33
Postal address: 2100 Gödöllő Szabadság út 225
E-mail address: email@example.com
What personal data do we process and why?
On vivawell.hu we process the following personal data in order to accurately identify an individual, specifying the legal basis:
This includes any messages you send to us via the website, email, social media posts or any form of communication.
This data is processed and retained so as to fulfil orders and to provide a basis for a decision in the event of legal claims.
The legal basis for this processing is the verifiable interest of the user in our activities, as expressed in the messages sent to us.
Which includes all data related to the purchase of products and services, such as the customer's name, shipping and billing address, e-mail address, telephone number, details of the product purchased.
This data is processed to ensure the successful fulfilment of orders and to keep a legally correct record of purchases.
The legal basis for the storage of the data is the performance of the contract between the customer and vivawell resulting from the order.
This includes data generated during the use of the website to enable the technical operation of the site, to maintain the security of the site, to keep backups of users' activity and to ensure that you always have access to the most relevant content.
The legal basis for the processing of data is the clear interest of the user in our activities, and it is essential to store this to ensure the technical functioning of the site.
This includes data generated during the use of the site, such as IP address, login info, browser data, time spent on each page, page views and navigation paths, number and time of visits to the site, time zones, and the device used to view the site.
The data source is our website analytics software.
We process this data to analyse users' behaviour on the site, to keep the site secure and to assess the effectiveness of our marketing decisions.
The legal basis for processing the data is the user's clear interest in our activities, which allows us to process this data in accordance with security requirements and use it to enhance our business for more effective operations.
Which includes visitor preferences, what marketing content they prefer to receive from us. This data is processed to enable participation in sweepstakes and to send advertising related to our products/services in which the user has expressed an interest.
The legal basis for processing the data is the user's clear interest in our activities, which allows us to process this data in accordance with security requirements and use it to increase business for more effective operation.
From time to time, we may use the information collected for purposes such as providing targeted, relevant advertising on Facebook™ and/or Instagram™ and various dynamic advertising platforms, and to measure the effectiveness of our advertising.
The legal basis for processing this data is the user's clear interest in our activities, which allows us to process this data in accordance with security requirements and use it to enhance our business for more effective operations.
We do not collect sensitive data such as ethnicity, religious beliefs, sexual life and orientation, political opinions and trade union membership, or health background, and genetic or biometric information in the course of our activities.
How we collect data
We may collect personal information in a way that the user provides it directly for us (for example, by placing an order or sending a message).
In addition, certain information may be collected automatically when you use the website, for example through "cookies" and similar technologies. These are only activated after the user has given his or her consent.
Examples of data collected by cookies include (but are not limited to): IP address, demographic information, browser type, pages viewed, activity performed and the timing of your visit.
In your browser settings, certain tracking mechanisms may be disabled at any time.
However, by disabling these features, you may not be able to use certain
services or you may not be able to take full advantage of all the
opportunities offered by the webshop.
We use different types of cookies for different purposes on the webshop.
These types are cookies that are strictly necessary, performance cookies and cookies related to function-related cookies.
Some cookies may be provided by an external third party to provide additional functionality on the webshop and these are listed below.
Strictly necessary cookies:
These are cookies that are essential to perform an operation you have requested - for example, to identify you as a logged-in user.
If you disable these cookies in your browser settings, we cannot guarantee the performance of the webshop for your specific needs during your visit.
We use these cookies to improve the webshop, for example to provide analytics,
to see how it is used and what needs to be improved. These cookies are used to collect
information about how visitors use the website, and how they use the
webshop. The information is collected anonymously, and includes the number of visitors, where they came from and which pages they visited.
These cookies are used to improve the performance and functionality of the webshop, often by your actions as a user. For example, we may tailor content to your needs or remember your preferences.
We receive some data from external partners, such as analytics providers like Google (partner outside the EU), advertising networks like Facebook™ or Instagram™ (partner outside the EU), or partners that support delivery or payment options.
Practical steps for data protection
It is extremely important for vivawell to protect the privacy of its users and to comply with applicable regulations. Therefore, after conducting a privacy impact assessment on the site, we will provide a list of the data collected, its necessity legal basis, and its legal compliance.
From time to time, it may be necessary for our business activity to provide data to our service partners (e.g. hosting providers, delivery companies, mailing software).
In such cases, we will always choose to ensure that they comply with the requirements of the GDPR Regulation and, in the case of a US-based partner, participate in the EU-US Privacy Shield initiative and sign a data management contract with them, ensuring that the data is handled responsibly.
5, Marketing communications
Marketing communications are essential to the business. The legal basis for the processing of data in this context is the expression of interest in our products or the explicit consent of users.
Under the European Union's Privacy and Electronic Communications Regulations (PECR), we may send marketing messages to our users if they have previously made a purchase from our webshop or have expressly consented to receive marketing messages.
In all cases, we will provide an easy means for you to opt-out and unsubscribe from these messages. You will find an unsubscribe link at the bottom of each email or you can request to be removed from our database by emailing firstname.lastname@example.org.
We may also send messages to unsubscribe from marketing communications, but only in relation to order fulfilment or direct enquiries.
6, Note regarding personal data
From time to time it is necessary to share certain personal information with certain of our partners in order to maintain normal business operations:
-IT service providers, and service providers that troubleshoot and maintain computer systems
-Consulting partners such as lawyers, accountants, bankers, insurance companies
-Government bodies that request reports on our activities
-Payment service providers who securely handle credit card data
-Delivery services who deliver incoming orders to the specified delivery address
International data transfers
From time to time, we may need to share user data with partners outside the European Economic Area (EEA) in order to maintain business.
In many cases, countries outside the EEA do not provide the same level of data protection, and European law prohibits the export of data unless the appropriate conditions are met.
Whenever personal data is transferred outside the EEA, we will take the following steps, in addition to those discussed in section 4, to ensure that the data is handled securely:
-Only transfer data to countries that the European Commission considers appropriate from a data security perspective.
-Only use US-based services that are part of the EU-US Privacy Shield data security initiative.
If the above conditions are not met, we will seek the explicit consent of users to transfer data. Consent may be withdrawn at any time.
Links to external sites
This site may occasionally contain links to external sites, or may contain code snippets embedded within the site that provide functionality for external services.
Clicking on these links or using the embedded solutions may allow external partners to collect information about users.
While we do our best to screen partners appropriately, we have no control over their privacy practices and are not responsible for their privacy practices.
7, Duration of processing
We will only ever store users' data for as long as we are required to do so by our legal/accounting/data obligations or as necessary for the operation of the service.
When deciding on the duration of storage, we will take into account the volume, nature and sensitivity of the data and the potential impact of leakage in the event of a data breach.
For tax purposes, we need to retain customer billing and purchase data for at least 8 years to comply with our legal obligations.
In certain circumstances, we may use the data in an anonymised form for statistical purposes, in which case we will retain the data indefinitely without notice.
8, Visitor's rights
As a citizen of the European Union, the law known as the General Data Protection Regulation (GDPR) gives users of this site the following rights:
a, Access to personal data
Users of the site have the right to request a copy of the personal data held by vivawell. The request will normally be granted free of charge within 14 days of the request.
In the event of repeated, abusive, unjustified requests, vivawell may charge a moderate fee for providing the data and may require additional time to provide it.
In addition, vivawell will ask for proof of identity before providing the data to prevent misuse. To request personal information, please use the contact form below:
Data request / Data deletion / Data restriction
INSERTING A CONTACT INTERFACE
b, Change personal data
If personal data have been modified or incorrectly provided, users have the right to request that the data be amended. To amend personal data, please contact us at email@example.com.
c, To request the deletion of personal data
Users have the right to request the deletion of all their personal data. The request will be fulfilled free of charge within 14 days of the request. After deletion of personal data, the user account will no longer be available and any purchased materials will no longer be available, as the personal data associated with the user account is essential to access the service.
Vivawell will request proof of identity before deleting personal data to prevent misuse. To delete personal data, please use the contact form above.
d, Request for restriction of processing personal data
Users have the right to request to restrict the provision of their data to third parties (service partners). When submitting the request, the service partners to be restricted may be identified.
It is important to note that cooperation with certain service providers is essential for the operation of the site (e.g. payment service providers), and if they restrict the use of their services, the site's services will be unavailable to the user.
Vivawell requests proof of identity before restricting the transfer of personal data to prevent misuse. To restrict the transfer of personal data, please use the contact form above:
The official data protection authority in Hungary is the National Authority for Data Protection and Freedom of Information (NAIH). Users can find out more about their data protection rights on the NAIH website.
National Authority for Data Protection and Freedom of Information,
1125 Budapest, Szilágyi Erzsébet fasor 22/C., Postal address: 1530 Budapest, PO Box 5.,