Terms of service

1. Operator of the Web Store

The web store accessible at the internet address https://quizzfairy.com is operated by Zsófia Szomolányi-Bernus sole trader.

Tax Number: 49156683-1-33

Address: 2040 Budaörs, Ibolya Street 118, Hungary

Email: quizzfairy@gmail.com

(hereinafter: Service Provider).

Service Provider's bank account details: Banking Institution: Revolut Bank UAB

Transaction Code: 090547806839

IBAN: LT853250078277137788

SWIFT Code: REVOLT21

2. Customer Service

Users can contact the Service Provider via the following:

2.1. Phone: +36309493858

2.2. Email: quizzfairy@gmail.com

Message: via the "Contact" section available for messaging on the website.

The Service Provider will respond to emails received through this channel within 2 business days.

3. Application of Hungarian Law

3.1 The website, accessible at the specified internet address, is operated by the Service Provider, in Hungary. The provision of services, and the obligations of the Service Provider and Users under this contract, are governed by Hungarian and European law, particularly:

Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' 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,
the 2013 Civil Code (Act V of 2013),
the 2005 Act CLXIV on Trade,
the 1997 Act CLV on Consumer Protection,
Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses,
Act CVIII of 2001 on electronic commerce services and certain issues of services related to the information society,
Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activity,
Decree 19/2014 (IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims related to goods sold under a contract between a consumer and a business,
Government Decree 373/2021 (VI. 30.) on the detailed rules for contracts aimed at the sale of goods and the provision of digital content and digital services.

3.2 The times and intervals mentioned in these General Terms and Conditions (hereinafter referred to as "contractual terms" or "GTC") are understood according to Central European Time (CET/UTC+1).

3.3 Workdays, public holidays, and holidays mentioned in these terms refer to those recognized by Hungarian law.

4. Scope and Parties of the General Terms and Conditions and the Product

Product Description, Copyright

4.1. The products named Quizzfairy are created by Zsófia Szomolányi-Bernus, and as per Section 1 (1) of Act LXXVI of 1999 on Copyright Law (hereinafter: “Szjt.”), the entire content of the products qualifies as a copyrighted work, thus it is protected by copyright (hereinafter copyrighted work).

All rights, especially the rights of reproduction, distribution, and translation, are reserved for the author, Zsófia Szomolányi-Bernus.

The copyrighted work may not be reproduced, processed using electronic systems, duplicated, distributed, or brought to market without the prior written consent of the author.

4.2. The Customer expressly acknowledges that the content of the product may not be made public, transmitted to a third party, or made available. The use of the product is intended for private purposes only; any commercial use requires the prior written consent of the Author.

4.3 These contractual terms apply to services available on the website, use of the website, and the purchase of products orderable in the online store on the website.

4.4 Parties to the contract:

4.4.1 The above-identified Service Provider, as the operator of the website and the seller of the products, provider of services.

4.4.2 User, as the customer ordering products from the online store, and as a visitor to the website's pages. A User can be any legally capable natural and legal person, or an economic entity without legal personality, including foreign legal entities, provided they accept these contractual terms as binding.

4.5 The contractual terms are effective from their placement on the website and are valid for an indefinite period.

5. General Information on Contracts Concluded Electronically at a Distance

5.1 Prior to placing an order, Users can inform themselves about the essential characteristics of the products and services offered in the online store on the respective pages of the website.

5.2 The language of the contract is English.

5.3 Orders placed on the website are considered legal declarations made by conduct.

5.4 The Service Provider is obliged to confirm the receipt of the order electronically without delay. If confirmation does not reach the User within 48 hours, the User is relieved of any obligation to the offer.

5.5 The concluded contract is not considered a written contract, is not filed by the Service Provider, and will not be accessible in writing later.

5.6 The Service Provider has not subjected itself to any code of conduct; therefore, such is not available.

5.7 Prior to sending the order, the User is informed about the steps of the order regarding the amounts to be paid and the possible payment methods.

6. Registration

6.1 Registration is free.

6.2 Users can perform registration by clicking on the "registration" label on the website, then by filling out the form that appears, accepting these contractual terms, checking the privacy statement, and finally by clicking on the "registration" label.

6.3 For a valid registration, the User must provide real data and contact details. If it is established that the registration was made with false data, the Service Provider is entitled to delete it. In such cases, the Service Provider is not liable for any consequences.

6.4 The Service Provider can delete a valid registration without liability for the consequences if the deleted User has maliciously used the website or otherwise violated these contractual terms.

6.5 The deletion of the registration by the Service Provider for the aforementioned reasons does not affect orders already completed by both Parties. In case of deletion for the same reasons, if the Service Provider has not yet started fulfillment, it can unilaterally decide whether to fulfill it, provided that the reason for deletion does not prevent it. If the order is not fulfilled for the above reasons and the User has already paid, the Service Provider will refund the amount paid by the User. If the User's conduct that caused the deletion resulted in damage to the Service Provider, the latter is entitled to withhold the amount of damage from the refund.

6.6 The User may initiate the deletion of their registration at any time by sending an email to the Service Provider, which the Service Provider will carry out without delay, no later than within 10 calendar days.

6.7 The need for the deletion of the registration may necessitate the deletion of the User's personal data processed for the purpose of registration, or prohibit their use for such purposes. The User can read more about this in the privacy notice.

6.8 The deletion of the registration upon the User's aforementioned requests does not affect the fulfillment of orders previously validly placed.

7. Determination of the Purchase Price

7.1 Users can inform themselves about the current prices of products and services on the pages of the online store that describe the properties of the products and services.

7.2 The purchase prices listed at the products and services are gross consumer prices, thus the full amount payable, including tax, is visible for each product.

7.3 The purchase price is always to be understood in the currency indicated at the time of listing the price.

7.4 In the order confirmation, the actual gross consumer price and any other costs also appear in their total payable amounts.

7.5 The Service Provider reserves the right to change the prices of the products and services displayed on the website's pages. Price changes do not affect the prices of products and services already ordered.

7.6 If an incorrect price is listed on the online store or in the order confirmation – especially a clearly erroneous price – the Service Provider is not obliged to sell the product or service at the incorrect price. After such an order is placed at an incorrect price, the Service Provider offers the User the option to purchase the product or service at the correct price. If the User does not accept this, they are entitled to cancel their order.

8. How to Place an Order and Steps, Formation of the Contract

8.1 Selecting the Product

8.1.1 The User can learn about the essential properties of the products on the product data pages of the online store.

8.1.2 By clicking the "add to cart" button on the product data page, the User can place the product in the virtual cart.

8.1.3 If the User wishes to order more products, they can proceed as described above and add multiple products to the cart.

8.1.4 If questions arise about the product before placing the order, the Service Provider's customer service is readily available to assist the User (contact details are above under "Customer Service").

8.2 Placing and Confirming the Order, Formation of the Contract

8.2.1 The User can place their order online in the online store as follows.

8.2.2 Placing an order does not require registration.

8.2.3 After selecting the products and placing them in the cart, the User can view the contents of the cart by clicking the "Cart" button found in the header. Additionally, the number of products to be ordered and their total purchase price are visible next to the icon.

8.2.4 On the page displaying the contents of the cart, the User has the option to change the quantity of the selected products by rewriting the number indicating the quantity, or they can remove a given product from the cart by clicking on the icon depicting an "X".

8.2.5 Following this, by clicking the "Continue" button, it is necessary to select the shipping and payment method.

8.2.6 By clicking the "Continue" button, it is necessary to provide the name, email address, phone number, and billing address.

8.2.7 Tools provided for identifying and correcting data entry errors before sending the contractual statement:

8.2.7.1 If incomplete or obviously incorrect data is entered during the ordering process, a warning message appears.

8.2.7.2 Registered Users can modify their personal data during the ordering process concerning the order. They can modify their registration data by clicking on the icon depicting a schematic human figure, which appears after logging into the website, on the page of their personal profile.

8.2.7.3 The contents of the cart, order details, and parameters can be checked, modified, or even deleted at any time until the order is sent, by stepping back and modifying the data, or entering new data on the pages appearing in the order process as described in the previous points of this chapter of the GTC. Stepping back can be done by clicking on the browser's back button or by clicking on the order phases named on the process diagram at the top of the pages showing the steps of the order.

8.2.8 After checking the above data of the order and correcting any data entry errors, the User can validly place their order by marking the statement accepting the present GTC and clicking the "Send Order" button.

8.2.9 Following the receipt of the order, the Service Provider immediately confirms it to the User via automatic email to the email address provided during the online order. The confirmation includes the total amount to be paid by the User or paid online. If this confirmation does not reach the User within 48 hours from the sending of the User's order, the User is relieved from the obligation of the offer. The confirmation is considered to have reached the User when it becomes accessible (i.e., when it arrives in the User's email account). The confirmation of the order as written here does not yet constitute a contract for the purchase of the product; this confirmation does not yet count as acceptance of the order by the Service Provider.

8.2.10 Processing of orders takes place on business days according to Central European Time at the times published on the website. If the order arrives to the Service Provider outside the specified time interval, it is considered to have arrived at the beginning of the first processing period following its arrival – in the case of prepaid orders, from the time the payable amount arrives on the Service Provider's bank account – and is processed within 24 hours from that time.

8.2.11 After starting the processing of the order, the Service Provider – if the order is accepted – informs the User about the acceptance of the order via email. The contract for the purchase of the product is established with the arrival of this email message from the Service Provider to the User.

8.2.12 The Service Provider draws the User's attention to checking the contents of the confirmation of the receipt of the order and the confirmation of the acceptance of the order. If either confirmation's content differs from the content of the order, and the ordering User does not object to this difference within 24 hours after receipt of the confirmation, or if they make a payment after receiving the confirmation, then the contract is governed by the content of the confirmation. After signaling the differing content of the confirmation to the Service Provider, the Service Provider examines the signal and, if justified, corrects the order.

8.3. The deletion of the registration at the User's request following the order does not affect the fulfillment of orders previously validly placed by the User.

8.4 If the User requests the deletion of data necessary for fulfilling the order, or objects to their use for such purpose, the Service Provider declares its intention to withdraw from the order.

9. Post-Order Correction

9.1 If the User wishes to change their already placed order, or if they have provided incorrect data, they must notify the customer service contacts as soon as possible. It is important to do this promptly to allow the Service Provider to correct the order before starting the fulfillment.

9.2 In the case of order correction, the Service Provider sends a new confirmation of the order with the modified content, under which the contract is established or modified accordingly – in the case of an already previously accepted incorrect order.

10. Payment Terms

10.1 Possible payment methods:

During the process of sending the order, the User can select the service of the chosen online payment provider for payment in advance.

The online credit card payment service is provided by Shoptet Kft. (Shoptet Pay). During the use of the service, the User can pay with a credit card.

When paying by credit card, the User directly and exclusively provides their credit card details to the aforementioned provider, as they are redirected to its website during the payment process. The online credit card payment provider does not share the credit card details with the Service Provider.

Further conditions of online payment are governed by the contractual terms of the payment service provider, which the User can learn before making the payment on the payment service provider's interface, to which they are redirected during the order process.

This payment method can be used regardless of the chosen delivery method.

10.1.3 Online payment service for payment in advance:

During the process of sending the order, the User can select the service of the chosen online payment provider for payment in advance.

The online payment service is provided by Shoptet Kft. (Shoptet Pay). During the use of the service, the User can pay with a credit card or from an account held with the payment service provider.

When making an online payment, the User directly and exclusively provides their data, including credit card details, to the aforementioned provider, as they are redirected to its website during the payment process. The online payment provider does not share the data with the Service Provider.

This payment method can be used regardless of the chosen delivery method.

11. Delivery Terms and Conditions

11.1 Delivery Time

11.1.1 The Service Provider will ship the ordered product to the delivery address specified by the User during the order within the deadline stated in the confirmation of order acceptance. The maximum delivery time should not exceed 48 hours.

11.1.2 The ordered product will be sent to the specified email address that the customer provided.

11.1.3 If the Service Provider is unable to fulfill the order within the aforementioned deadline, it will promptly inform the User of the occurrence of the impediment to fulfillment.

11.5 The shipping fee is free.

12. Right of Withdrawal/Cancellation

12.1 Right of Withdrawal/Cancellation

12.5.1 Given the nature of the product as digital content not supplied on a tangible medium, if the business commenced performance with the consumer's explicit prior consent, and the consumer concurrently acknowledged that they lose their right of withdrawal after the commencement of performance.

13. Exclusion of Liability

13.1 The Service Provider is not legally obligated to enter into a contract. It freely decides whether to accept or reject the User's order. The Service Provider excludes liability for any damages arising therefrom.

13.2 The Service Provider does not guarantee that the product or service meets any specific usage purpose intended by the User. The descriptions and instructions of the product or service are guiding regarding its use, but the Service Provider is not liable for deviations arising from specific usage circumstances.

13.3 The Service Provider assumes no liability for direct or indirect damages arising from malicious use of the website or the unavailability of the internet service provider. The Service Provider is not liable for technical failures, such as electrical or computer network outages. Given that the internet is an open, insecure network, the Service Provider is not liable for damages arising from the destruction, late arrival, or other fault of messages or orders transmitted electronically due to causes beyond the Service Provider's control.

13.4 The Service Provider may terminate the possibility of using the website at any time, without justification, either for individual Users or for all Users with the termination of the website's operation. In this case, it fulfills already validly placed orders and other requests from the User, but is not responsible for other possible consequences.

13.5 The images of products and services displayed on the website may differ from reality; in some cases, they appear as illustrations. The Service Provider is not responsible for deviations arising from changes made by the manufacturer or supplier without prior notice, for reasons beyond the Service Provider's control.

13.6 The Service Provider excludes liability for delays, other problems, or errors traceable to the User's incorrect and/or inaccurate order data, and for damages arising therefrom.

13.7 The Service Provider is not liable for content downloaded by following external links found on the website. If requested by the rights holder, the Service Provider will delete or modify the link. The Service Provider is not liable for the content displayed or downloaded through the use of such links.

14. Other Provisions

14.1 The Service Provider reserves the right to enforce and change the legal protection and rules regarding the use of content found on the website, even for Users browsing without placing an order. Rules and statements related to this can be accessed continuously on the website in the legal statement, in the present GTC, and in further informational documents.

14.2 The contracting parties declare that in exercising the rights arising from these contractual terms and in fulfilling obligations, they act in good faith and fairness, cooperating mutually.

15. Data Management, Data Protection

Information about the data processing conducted by the Service Provider is provided in the "Privacy Policy"documents.

16. Modification of Contractual Terms

16.1 The Service Provider reserves the right to unilaterally modify the contractual terms at any time without prior announcement and separate notification.

16.2 The contractual terms attached to the final confirmation – creating the contract – of the respective orders apply to the contracts arising from those orders.

17. Applicable Law

17.1 Regarding matters not regulated in these contractual terms, the provisions of the laws specified in point 3.1.1. are applicable.

18. Complaints, Legal Enforcement, Supervision Over the Service Provider

18.1 Complaints

18.1.1 The User can address complaints regarding the Service Provider's service, its member, employee, or person acting on behalf of or to the benefit of the Service Provider, directly related to the distribution or sale of goods to consumers, the quality of goods, to the Service Provider via letter, phone, and email at the contacts listed on the website and at the beginning of this document.

The Service Provider immediately investigates verbal complaints, if possible, remedies them immediately. If this is not possible, or in case of the User's disagreement, as well as written complaints, the Service Provider responds in writing within thirty days at the latest.

18.1.2 Possibility of turning to a conciliation body

The User (consumer) can also request the free procedure of a conciliation body concerning the quality of the product, its safety, the application of product liability rules, the quality of the service, as well as issues related to the conclusion and fulfillment of the contract between the parties.

If the Consumer has a residential or stay address in Hungary, the conciliation body competent according to this residential or stay address, operating beside the county (capital) chambers of commerce and industry, is competent. The contacts of the conciliation bodies can be found on the https://www.bekeltetes.hu/index.php?id=testuletek page.

The consumer may designate a different conciliation body in their request directed to this purpose.

In Hungary, the Budapest Conciliation Body operating beside the Budapest Chamber of Commerce and Industry is competent to act in cross-border consumer disputes related to online sales or service contracts between the consumer and the trader. The contacts of the Budapest Conciliation Body operating beside the Budapest Chamber of Commerce and Industry can be found on the https://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 page, and are also available here:

Budapest Chamber of Commerce and Industry

Beside the Budapest Conciliation Body

Address: 1016 Budapest, Krisztina krt. 99. III. floor 310. Phone: +36 1 488 2131 Email: bekelteto.testulet@bkik.hu Website: https://bekeltet.bkik.hu/

The Service Provider is obligated to cooperate in the conciliation body procedure.

The conciliation body is an independent body operating beside the county (capital) chambers of commerce and industry. It is within its competence to settle consumer disputes related to the aforementioned topics out of court: for this purpose, it attempts to establish a concord, and in case of ineffectiveness, it makes a decision to ensure the simple, quick, effective, and cost-saving enforcement of consumer rights.

The conciliation body provides advice on the rights and obligations entitled to the consumer upon request from the consumer or the business.

18.2 Legal enforcement through court

The contracting parties cooperate mutually to settle any possible disputed issues out of court, through negotiations, in the shortest possible time and at the least cost. If this does not lead to a result, the User may initiate a lawsuit at the district court according to their place of residence or stay.

18.2.1 If the User lives in the European Union, they can use the following online dispute resolution tool of the European Commission regarding complaints related to products or services purchased online.

The European Commission's online dispute resolution platform

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

This internet-based platform was created by the EU for those consumers who wish to file a complaint regarding products or services purchased online and request a neutral third party (dispute resolution body) to handle the complaint.

Further information about the online dispute resolution platform and its use, as well as the method of dispute resolution, can be found using the link provided above.

18.2.2 The User can address their complaint regarding the quality of the goods, the conduct, activity, or omission of the Service Provider (its member, employee), or the person acting on behalf of or to the benefit of the Service Provider, the quality of the service, the application of liability rules, to the European Consumer Centre concerning cross-border complaints.

Terms of Service