The present General Terms and Conditions (hereinafter referred to as the GTC) define the rights and obligations arising from the legal relationship between the Service Provider and the consumers (hereinafter referred to as the Customer) purchasing from the webshop operated by Temple Regalia Ltd. (hereinafter referred to as the Service Provider) on the website www. templeregalia.com, the conditions of the conclusion of the contract, the liability rules, the terms of performance and delivery, and the rules for exercising the right of withdrawal.

In any case, the provisions of these GTC shall apply to the legal relationship between the SUPPLIER and the BUYERS established online through the webshop.

       I.          DETAILS OF THE SERVICE PROVIDER

Name: Temple Regalia Ltd.                        

Registered office: 6000 Kecskemét, Máriahegy tanya 1/c.

Company registration number: 03-09-133467

Tax number: 27334421-2-03

Telephone – EN : +36 70 381 0155

Telephone – UK : +44 740 881 2002

E-mail: admin@templeregalia.com

Web: www. templeregalia.com

Representative Mark Walton, Managing Director

II. THE LEGAL RELATIONSHIP BETWEEN THE PARTIES, THE SCOPE AND VALIDITY OF THE CONTRACT

1. The personal scope of these GTC shall apply to the Service Provider and to the Customers using the webshop operated by the Service Provider under the website www. templeragalia.com.

2. These GTC are valid for an indefinite period, starting on 1 December 2022.

3. When making a purchase in the webshop, the Customer enters into a contract with the Service Provider, subject to the provisions of these GTC. By selecting the product(s) to be purchased in the webshop and by clicking on the “PLACE ORDER” button on the approval page summarizing the purchase data, the Customer accepts the terms and conditions of the GTC and enters into the contract, and at the same time accepts the provisions of these GTC as binding upon him/her. The contract concluded via the webshop shall entail a payment obligation for the Customer, while for the Service Provider it shall entail the obligation to deliver the product(s) to the Customer, provided that the payment for the products has been made.

4. During the purchase, the Service Provider sells its own product(s) or those of third parties to the Customer from the webshop on its own behalf, which legal relationship is fulfilled upon payment of the consideration for the product(s) and delivery of the product(s) by the Service Provider’s contracted delivery service partner.

III. SHOPPING IN THE ONLINE SHOP

1.      To finalise the order of a product purchase through the webshop, the total purchase price is payable, which can be paid by bank transfer or credit card.

2.      The Service Provider uses the SimplePay credit card payment service provided by OTP mobil Kft. The customer enters his credit card details in the secure SimplePay interface. The payment process is the same as that offered by similar providers and offered by banks: by selecting the SimplePay option during the online payment, you will be redirected to the SimplePay payment page, where you will start the transaction by entering your credit card details.

3.      By accepting the Terms and Conditions, the Customer acknowledges that the personal data stored by Temple Regalia Ltd. as the data controller in the user database of www.templeregalia.com will be transferred to the companies providing payment services as data processors. The following data are transferred by the data controller: name, delivery and billing address, telephone number, email address. The nature and purpose of the processing activities carried out by the data processor can be found in the service providers’ privacy policy, which can be found at www.templeregalia.com/gdpr.

4.      After providing the required information, accepting these GTC and after a successful banking transaction, the Service Provider will deliver the product to the Customer directly or through its delivery service partner. Given that, once the product(s) have been dispatched by the Service Provider, the purchase of the product(s) is considered to be completed and the product(s) delivered and received, it is the sole responsibility of the Customer to notify the Service Provider without delay if the product(s) have not been received.

5.      The Service Provider draws the Customer’s attention to the fact that in the event that the Customer does not receive the order confirmation e-mail for reasons attributable to the Service Provider, the transaction shall be deemed unsuccessful.

6.      The Service Provider shall issue an invoice for the purchase of the product(s) based on the data provided by the Customer using an invoicing software (szamlazz.hu; KBOSS.hu Kft.; cg.: 01-09-303201), which shall be sent to the Customer by e-mail. If the Customer has provided an incorrect name or address to be included on the invoice and the invoice was issued with this content, the Customer has one opportunity to request a modification of the invoice, which must be notified within a maximum of 10 calendar days from the date of issue of the invoice. The Customer may submit a request for an invoice amendment by sending an e-mail to admin@templeregalia.com.

IV. INFORMATION ON THE ESSENTIAL CHARACTERISTICS OF THE PRODUCT

1. The properties, features, dimensions and conditions of purchase of the product(s) offered for sale are available on the specific pages of the webshop.

2. The colour of the products may differ from the image on the website, despite the best efforts of the Service Provider, due to the specific settings of the photographic or browsing computer equipment.  The Service Provider has informed the Customer of this and the Customer acknowledges this by accepting the GTC.

                V. THE PROCEDURE FOR CONCLUDING A SALES CONTRACT

1. The conclusion of a sales contract for the product(s) offered in the webshop www. templeregalia.com operated by the Service Provider is possible through an online interface, by placing an order electronically, as specified in these GTC.

2. During the visit to the webshop, after having been informed about the product(s), the Customer can click on “ADD TO BASKET” to add the product to the virtual shopping cart without any obligation to purchase or pay, as adding the product to the shopping cart does not constitute an offer. The placement of the product(s) in the virtual basket is carried out by clicking on it and the Customer does not receive a separate notification of the placement in the virtual basket. In the virtual shopping basket, the Customer may obtain information on the name, quantity and gross price of the product(s). In the case of multiple products, all these data are displayed separately for each product on the online interface.

3. The Customer can click on the shopping cart icon in the top right corner to see the current total of their order, where they can make changes to the products in the virtual shopping cart. After adding the desired products to the shopping cart, the Customer can return to the webshop to continue shopping or complete the purchase of the products in the “Cart” by clicking on the “CHECKOUT” button. If the Customer wishes to complete the purchase of the product(s), after providing the billing and delivery details, he/she can click on the “PLACE ORDER” button and pay the Service Provider the amount of the product(s) purchased in the webshop by bank transfer or direct payment by credit card.

4. During the ordering process, the Customer is obliged to provide personal data related to the purchase, as well as billing data and delivery data for the delivery of the product(s). The purchase is not subject to registration, but based on the previous point, the Customer is obliged to provide the Service Provider with data to complete the purchase of the product(s).

5. The personal data that must be provided in connection with the order are processed by the Service Provider on the basis of legal authorization, in accordance with the applicable legal provisions, in order to perform the contract and to subsequently prove the terms of the contract. The detailed conditions relating to the processing of personal data are set out in the “Privacy Policy”, which can be accessed directly by clicking on the address before providing the data.

6. For the product(s) purchased from the webshop operated by the Service Provider, it is possible to use a coupon entitling to a discount, which can be entered on the online interface before paying the price of the product(s). The Service Provider expressly states that it will provide the Customer with detailed information on the conditions of use of the discount coupon prior to the discount period.

7. By ordering the product(s) under this clause, the order prepared by the Customer is sent via the Service Provider’s online interface, which entails a payment obligation for the Customer. The Service Provider shall send a confirmation e-mail message to the e-mail address provided by the Customer, stating the name of the ordered product(s), the quantity and the amount of the consideration payable.

8. The delivery services are provided by the Service Provider using a third party delivery service provider for a fee, which the Customer is obliged to pay and which is not included in the gross price of the product(s), but is indicated separately to the Customer. The Supplier shall always inform the Customer of the delivery charges before finalising the payment on the order summary interface. The price of the product(s) sold via the webshop operated by the Service Provider shall include the corresponding packaging of the product(s).

9. By sending the order, a contract of sale is concluded between the Customer and the Service Provider for the selected product(s). The contract shall be deemed to be a contract concluded by electronic means, by means of a device enabling communication at a distance, between persons acting at a distance, and shall be governed by Act V of 2013 on the Civil Code (Civil Code), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Act on the Provision of Services). If the Customer qualifies as a consumer under the applicable legislation in force (currently defined as a natural person acting outside the scope of his/her profession, self-employment or business activity), the contract is subject to the provisions of Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses and shall comply with the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

10.  The electronic receipt of the order will be confirmed to the Customer by an automatic email, confirming that the Service Provider has received the order sent by the Customer and containing the details of the order. The confirmation email shall be deemed to be a confirmation of the conclusion of the contract on a durable medium.

11. If the confirmation by e-mail is not received by the Customer within 48 hours from the date of sending the order, the Customer is released from the contractual obligation.

12.  The Customer accepts that the contract with the Service Provider was concluded electronically. The invoice for the products delivered by the Supplier will be sent to the Customer by e-mail.

13. If a data entry error is detected by the Customer only on the basis of the confirmation email, the Customer may initiate its correction by sending a reply email within 3 working days on the basis of the confirmation email. However, the Service Provider will consider this as a proposal to amend the contract and will suspend the performance of the contract until the correction is made on the basis of the Customer’s request and the correctness of the corrected data is confirmed.

14. The Customer accepts and acknowledges that the Service Provider shall not be liable for any delay in performance or other problems or errors caused by the Customer’s incorrectly and/or inaccurately provided data, or by the provision of e-mail contact details that are not suitable for receiving e-mails.

             VI. PERFORMANCE OF THE CONTRACT

1.    The Service Provider shall endeavour to ensure that the order received via the webshop is delivered to the delivery address provided by the Customer as soon as possible. The time of delivery of the product(s) is subject to the availability of the ordered product in the Supplier’s stock. If the Customer orders more than one product at the same time, the products will be delivered together at the same time, with the delivery time of the product with the longest delivery time being the delivery time. The ordered products must be delivered to the Customers within 30 days, with the proviso that the Supplier may, if necessary, modify the delivery time for the fulfilment of the order during the order period. The Service Provider also reserves the right to agree delivery terms with the Buyer on specific delivery terms. The Customer agrees that the Service Provider’s liability in connection with a defect in performance due to an error in the inventory records is limited to the total amount of the purchase price and the delivery charge paid by the Customer. For the purposes of this clause, the delivery deadline shall be deemed to have been met even in the event of an unsuccessful delivery attempt (e.g. the person authorised to receive the product(s) is not present at the delivery address at the time of delivery). The Service Provider reserves the right to amend the deadline for delivery of the product(s) to the Customer at any time by amending the provisions of these GTC.

2. Upon receipt of the product(s) from the supplier and signing of the receipt document, the product(s) are accepted in quantity, which means that the Service Provider does not accept any subsequent quantity claims. By signing the document relating to the delivery, the Customer acknowledges that the parcel received corresponds to the order, both externally and in terms of its contents.

3. If the Customer notices any damage to the ordered product (product or packaging) during the acceptance, he/she is entitled to record the damage together with the supplier. The Service Provider undertakes to take back the product(s) without charge if the product(s) were already damaged at the time of receipt. The Supplier shall not be liable or responsible for physical damage discovered after acceptance.

                 VII. WARRANTY

The terms and conditions applicable to consumers in relation to the warranty of accessories, as set out in Annex 3 to Government Decree 45/2014 (26.II.), are part of these GTCs as follows:

In which cases can the Customer exercise the right to claim for the warranty of the accessories?

In the event of defective performance by the Service Provider, the Customer may assert a claim for ancillary liability against the Service Provider in accordance with the rules of the Civil Code.

What rights does the Buyer have under a warranty claim?

The Customer may, at his/her option, make the following warranty claims:

It may request a repair or replacement, unless one of these is impossible or would impose disproportionate additional costs on the business compared to the fulfilment of its other request. If the repair or replacement was not requested or could not be requested, the Buyer may request a proportionate reduction in the consideration or the defect may be repaired or replaced by another party at the expense of the business or, as a last resort, the Buyer may withdraw from the contract.

You may switch from one warranty right to another, but the cost of the switch will be borne by the Buyer, unless it was justified or the business gave a reason for it.

What is the time limit for you to claim your warranty?

The Customer is obliged to report the defect immediately after its discovery, but not later than two months after the discovery of the defect. Please note, however, that you may no longer assert your rights to claim for any defects beyond the two-year limitation period from the date of performance of the contract.

Who can you claim against?

The Customer may assert a warranty claim against the Service Provider as a business.

What other conditions are there for the enforcement of your rights under the warranty?

Within six months from the date of performance, there is no other condition for the enforcement of the claim for warranty other than the notification of the defect, if the Customer proves that the product or service was provided by the Service Provider. However, after six months from the date of performance, the Customer shall be obliged to prove that the defect discovered by the Customer existed at the time of performance.

                VIII. PRODUCT WARRANTY

 The terms and conditions applicable to consumers in relation to the product warranty asset out in Annex 3 of Government Decree 45/2014 (26.II.) form part of these GTC as follows:

In what cases can the Customer exercise the right to a product warranty?

In the event of a defect of a movable item (product), the Customer may, at his/her option, assert his/her right to claim under the warranty of accessories as set out in the previous point or under the product warranty.

What rights does the Customer have under a product warranty claim?

As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

In which cases is the product considered defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

What is the deadline for the Customer to claim under the product warranty?

The Customer may assert a product warranty claim within two years of the date on which the product was placed on the market by the manufacturer. After this period has expired, he loses this right.

Against whom and under what other conditions can you enforce your product warranty claim?

You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the Customer must prove that the product is defective.

In which cases is the manufacturer (distributor) exempted from its product warranty obligation?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

– manufactured or placed the product on the market for purposes other than its business, or

– the defect was not detectable according to the state of science and technology at the time it was placed on the market, or

– the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

The Service Provider draws attention to the fact that the Customer may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time. However, in the event of a successful product warranty claim, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

               IX. DOWNLOAD

1.  In the case of a contract concluded through the webshop operated by the Service Provider www. templeregalia.com, the Customer – if he/she is a consumer – has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the product(s) delivered on the basis of the order. The Customer shall not have the right of withdrawal if the product(s) ordered have been tailored to the Customer’s personal requirements and have been manufactured in a personalised manner for the Customer.

2.      The Service Provider informs the Customer that the exercise of the statutory right of withdrawal is subject to the provisions of the Civil Code. The Service Provider informs that the right of withdrawal under the statutory law is reserved to consumers within the meaning of Section 8 (1) (3) of Paragraph 1 of the Act – natural persons acting outside the scope of their profession, self-employment or business activity – and that legal persons may not exercise the right of withdrawal without giving a reason.

3.      In the event that, for whatever reason, the Service Provider delivers the product(s) related to a given order at different times, the time limit for exercising the right of withdrawal shall be calculated from the date of receipt of the last product(s) delivered.

4.  The right of withdrawal under the previous point may also be exercised before the receipt of the product(s).

5. The notice of withdrawal must be sent in writing to the Service Provider’s address indicated in Chapter I. The burden of proving that the customer has exercised his right of withdrawal in accordance with the provisions set out in this point shall lie with the customer.

6.  If the Customer withdraws from the contract concluded with the Service Provider in accordance with the previous point, the Service Provider shall reimburse the total amount paid by the Customer as consideration, including the paid delivery costs, within 14 days of becoming aware of the withdrawal at the latest.

7.  In the event of cancellation in accordance with the above, the Service Provider shall refund the amount due to the Customer in the same way as the payment method used by the Customer. Subject to the express consent of the Customer, the Service Provider may use another method of payment for the refund, but the Customer shall not be charged any additional fees as a result.

8.  If the Customer expressly chooses a mode of transport other than the least costly usual mode of transport, the Service Provider is not obliged to reimburse the additional costs resulting from this.

9.  The Service Provider may withhold the amount of the refund until the Customer has returned the product(s) or has proven beyond reasonable doubt that he/she has returned them, whichever is the earlier.

10.  If the Customer withdraws from the contract concluded in the www. templeregalia.com webshop operated by the Service Provider in accordance with the above, the Customer shall return the product(s) immediately, but no later than 14 days from the date of the withdrawal, or return them in person. The return shall be deemed to have been completed within the time limit if the Customer sends the product(s) before the expiry of the time limit.

11.  The direct cost of returning the product(s) is borne by the Customer.

12. The Buyer shall be liable for any depreciation resulting from the use of the product(s) beyond the use necessary to establish the nature, characteristics and functioning of the product(s).

13. The Customer may not exercise the right of withdrawal in respect of a product(s) in sealed packaging which cannot be returned after opening after delivery for health or hygiene reasons.

14. The Service Provider shall endeavour to provide additional rights and opportunities in addition to the fulfilment of its obligations towards Customers as defined by law, or in addition to these, in order to increase Customer satisfaction, or to provide certain rights to Customers other than those who are legally qualified as consumers, which shall be subject to individual discretion.

X. ENFORCEMENT OPTIONS

1.      If the Service Provider’s customer service is unable to provide a satisfactory and satisfactory response to the Customer’s request, the Customer may write his/her comments and complaints to the e-mail address admin@templeregalia.com or send them to the Service Provider’s address at Mariahegy tanya 1/c, 6000 Kecskemét, which is also the place of complaint handling. The Service Provider requests the Customer to refer in his complaint to the consultation at the customer service and the circumstances of the failure of the consultation.

2.      The Service Provider shall reply to the complaint in writing within 30 days at the latest, and if it does not consider the complaint justified, it shall justify its position in writing.

3.      If the complaint is rejected, the Service Provider shall inform the Customer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the headquarters, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Customer resides or is staying. The information shall also indicate whether the Service Provider will use the conciliation body’s procedure to settle the consumer dispute.

4.      The Service Provider shall keep the record of the complaint and a copy of the reply for five years and shall present it to the supervisory authorities upon request.

5.      If any consumer dispute between the Service Provider and the Customer is not resolved during the complaint handling procedure, the following enforcement options are available to the Customer:

a.      Complain to the consumer authorities. If the Customer detects a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings;

b.      Conciliation Body. For the out-of-court and amicable settlement of consumer disputes concerning the quality, safety and application of product liability rules of the product(s) and the conclusion and performance of the contract, the consumer may bring the dispute before the competent territorial conciliation body. For the purposes of the rules on the conciliation body, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer in relation to goods.

Bács-Kiskun County Conciliation Board

Address: 6000 Kecskemét, Árpád krt. 4.

Postal address: 6001 Kecskemét Pf. 228.

Phone numbers: (76) 501-525; (76) 501-532; (70) 702-8403

Fax number: (76) 501-538

President: Dr. Zsuzsanna Horváth

Website address: www.bacsbekeltetes.hu

E-mail address: bekeltetes@bacsbekeltetes.hu

c.      The Customer is entitled to pursue his/her claim arising from the dispute before a court in civil proceedings in accordance with the applicable legislation.

XI. FINAL PROVISIONS

The Customer acknowledges and accepts that the Service Provider will treat the data obtained through the online purchase confidentially, will use it exclusively for the fulfilment of purchases, and will not pass it on to third parties in any form other than the service providers specified in the Data Management Information. By providing his/her personal data, the Customer consents to the processing of such data by the Service Provider in the manner specified in the Data Processing Policy in force and in force at the Service Provider.

The Service Provider shall be entitled to use subcontractors and contributors to carry out its activities.

The Service Provider is a company registered and domiciled in Hungary. The language of the contract shall be Hungarian and these GTC shall be governed by and construed in accordance with Hungarian law.

The Service Provider and the Customer stipulate the exclusive jurisdiction of the District Court of Kecskemét for any disputes related to these GTC or the products, as well as the services and product(s) provided by the Service Provider.

Budapest, 1 December 2022.