GENERAL TERMS AND CONDITIONS – COWARE
The General Terms and Conditions stated here apply to all products and services listed on the website of COWARE. The scope of the General Terms and Conditions covers all repair services which are contracted electronically between COWARE and Customer. By using the website of COWARE and by registering on it, the Customer agrees to and accepts to be bound by the provisions stated in the General Terms and Conditions hereby. Should you have any questions, please contact us at firstname.lastname@example.org.
Definitions of terms
General Terms and Conditions: The terms and conditions stated here.
Regulations for Data Processing: The regulations including the rights and obligations regarding processing Users’ personal data are an indispensable part of the General Terms and Conditions
Website: The website available at the https://coware.hu domain name
Customer: A company, organization or private person who uses the repair service through our website.
Parties: Service provider and Customer jointly.
Equipment, Unit, Product: The target object of our repair service which is ordered through our website
User: Visitors of the coware.hu website who attempt to use any of our services.
Limitations concerning the use of our website
Using our website
COWARE as a repair service provider reserves its services and the units repaired by COWARE exclusively to its end-users. It is not permitted to re-sell the repaired units. COWARE reserves the right to reject orders and repair services. COWARE is not a webshop, the products listed on its website cannot be purchased, the purpose of the photographs displayed on the website is only to inform. By adding the product to cart and ordering it the Customer solely uses a (exchange) repair service at a fixed price.
Registration on our website is only possible if you wish to use our repair services. For a valid registration, please enter the following information and then click on the ‘Registration’ button.
- Company name
- Name (First name and surname)
- Street, house number, city/town, county, country and post code
- Email address
- Password (at least 6 characters)
Required information for billing and delivery:
- Company name
- First name
- Street, house number
- City/town, post code (country)
- Telephone number
- Tax number, EU tax number
The Customer may delete their registration at any time by sending a message to email@example.com email address with the phrase “Cancellation of registration” in the subject line or in the message. We will delete the registration promptly or at least within 5 working days. The partner account, data and contact information of the Customer will be immediately removed from our system after the cancellation. It is not possible to restore the data after cancellation. The vouchers, invoices, delivery notes of the previously submitted orders and any other documents prescribed by law to maintain will not be deleted upon cancellation; they will be stored for the period of time prescribed by law.
The process and use of repair service – exchange service
If you find a unit on our website which is the equivalent of the defective product, by adding this item to cart, a window pops up. If you do not wish to order the repair service of more products, the order process can be started by clicking on the “Proceed to checkout” button. After that, the billing and delivery data must be fully and accurately completed. After having read and accepted the General Terms and Conditions and ticking the checkbox, you can finalize your order of our repair service by clicking on the “Send order” button. Ordering our repair service may only be used after accepting the General Terms and Conditions. This, however, does not automatically mean that COWARE accepts the offer of the Customer. Ordering our repair service does not depend on registration. The Customer accepts that by clicking on the “Send order” button results in payment obligation. COWARE confirms the receipt of request of repair service sent by the Customer by sending a confirmation email to the Customer. This confirmation email contains the request from the Customer for repair service, the Customer’s data provided upon registration (billing and delivery information), the purchase order number, the date of the order, the list and amount of the ordered services and net and gross prices of ordered services, delivery expenses and the total amount due. In addition, the postal address of the defective item which needs to be returned is included in the confirmation email. The official order confirmation of our repair service and the contract between COWARE and the Customer come into effect only when the official confirmation email is sent to the Customer. Simply placing an order does not mean that a contract between COWARE and the Customer has come into effect. COWARE confirms the receipt of the offer from the Customer (purchase order) in an automatically generated email without hesitation or within 48 hours the latest. This is only to inform the Customer about the receipt of the purchase order. The Customer is obliged to check the content of the confirmation email, and to thoroughly review the attachment and check the accuracy of the data given by the Customer.
The confirmation of receipt of the Customer’s request for exchange repair described in this section does not imply the acceptance of the Customer’s offer. The contract can only be regarded as signed when COWARE declares the acceptance of the request for exchange service which is sent to the Customer in a separate confirmation email.
In case there the part requested for exchange repair is not available at the time of the order, COWARE reserves the right to decline the order for exchange repair. In this case, the contract will not be signed.
Any problems, extra delivery or other costs, impossibility or delay due to inaccurately or not incompletely given data is the sole responsibility of the Customer and the Customer must bear all the consequences. The offer ceases to be binding if the Customer does not receive a confirmation email of the requested repair service from COWARE within 48 hours and the Customer is exempt from the offer. Processing the orders is done on a ‘first come first served’ basis until 11.00 a.m. on working days. It is possible to place orders at other times than the previously given time-frame but if the order is placed after 11.00 a.m., the order will be processed on the following day. It is mandatory to ship the defective product to us and the part must be accompanied by the exact description of the error and the error codes. Defective items must be returned for us within 5 working days. If required, we can provide assistance in delivering the defective items to our site. The defective items that are shipped to us must have all parts and units that are necessary for the operation of the product (including cover items).
The product is not eligible for exchange repair if it was purposefully assembled from defective parts and/or
signs of unprofessional repair or modification are visible.
All parts and units must be returned for us that are essential for the operation and serviceability of the product.
(Including covering units).
COWARE reserves the right to unilaterally cancel, modify, correct or replace business conditions with a new
version according to our own consideration.
Upon registration and placing an order and finishing the process of order, the Customer verifies that they were
acquainted with and fully understood the business conditions, and expressed consent to be bound by the
business conditions, and regards them as an inseparable part of the sales contract and considers them as the
regulator of the contractual relation.
Price of repair services
The prices of services shown on the website of COWARE include value-added tax and other revenues. All our repair services are at fixed prices, which are given in Hungarian Forint (HUF) and Euro (EUR) next to the name of the given product. The delivery cost is added to the price of the service at the end of the ordering process upon entering the ‘Proceed to checkout’ menu.
Issuing the invoice
COWARE gives its Customer a paper-based invoice of the ordered exchange repair services in all cases. The due date of payment is always 14 calendar days after the date when the invoice was issued.
COWARE has the right to charge a default interest for invoices that have not been paid by the due date of payment. If the Customer fails to pay the amount stated on the invoice until the previously determined due date of payment, COWARE calls for immediate payment by sending a letter to the Customer. In case of overdue payment, the Customer also needs to pay a fee, a default interest and the cost of the warning notice in addition to paying the amount of the invoice. The amount of the default interest shall be calculated based on the effective legislative measures at the time when the interest incurred. Obligation to pay default interest starts on the following day after the previously determined due date of payment. Default interest must be paid even if the delayed payment is excused by the Customer. In case of overdue payment, first the additional charges must be credited from the payments of the Customer then the principal balance must be covered irrespective of instruction of the obliged party. In case the Customer fails to pay the amount of the invoice despite the warning notice, COWARE may take the necessary legal steps of debt collection.
Delivery within Hungary is expected within 24 hours to the address given by the Customer in case of orders which are placed before 11.00 a.m. and confirmed by COWARE on the same day. Delivery deadlines to addresses in other countries can be found in the ‘Delivery’ menu. COWARE is not responsible for delays or losses arising from our courier’s fault. If you notice any damages on the parcel when receiving the package, the Customer is not obliged to accept the parcel. In this case, the courier partner has to issue a record of the damaged parcel. Please inform us about the damage as soon as possible at firstname.lastname@example.org. Please return the defective product to our address with the description of the defect and in the wooden box provided by COWARE. The wooden box is the property of COWARE. COWARE is not responsible for any delays in delivery and other problems arising from the fault of the Customer, for example inaccurate or incomplete data. Delivery time is longer in case of force majeure events such as war, terrorism, strike, mass lay-offs, changes in industry, fire, natural disaster and flood.
What happens if the malfunction is caused by other than the repaired and installed unit? Please notify us at email@example.com as soon as possible but at least within 3 working days after the receipt of the product. Please return the item to us in a clean condition and packed carefully. In this case, the delivery cost(s) and 10% of the price of the exchange repair will be invoiced. In this case, the Customer has to cover the direct expenses of returning the product to our address.
In all cases, we send renewed and tested products in our exchange repair service. However, in some rare cases, the product might not function or might function incorrectly due to an unforeseen reason. If you experience any problems with the operation of the product, please let us now as soon as possible but maximum within 2 working days at firstname.lastname@example.org email address. Failing to do so may result in the loss of warranty!
COWARE expressly states that COWARE is not obliged and must not be ordered to pay contractual penalty in cases when COWARE is responsible and does not fulfil the Contract/Order or not contractually fulfils the Contract/Order (especially but not exclusively: delay, faulty performance, failure of performance).
The delivered product remains in the ownership of COWARE until the price of the exchange repair is fully paid. The Customer does not have the right to transfer the ownership of the product to any other parties until the full price of the exchange repair has been paid. In case the payment is not made until the due date of payment stated on the invoice, COWARE has the right to take back the product without any permission to do so.
Wrong price, data, product name
Should a wrong price, data or product name appear on the website of COWARE despite all the care and caution COWARE takes, COWARE is not obliged to provide a repair service at a wrong price. COWARE may offer to provide service to the Customer at the correct, actual price. In this case, the Customer may cancel the order for service without any consequences.
A wrong price is especially but not exclusively:
- Obviously wrong, unrealistic price, which largely differs from the commonly known, universally accepted price of the given service.
- “0” HUF (EUR) or “1” HUF (EUR) price due to a possible system error.
- Other price showing disproportionate value
COWARE denies responsibility to the largest extent permissible by law resulting from incorrect data input, incorrect, wrong display of prices. The information shown on our website is displayed in an honest, well-meant manner, and they are only to inform the Customer. COWARE does not assume any responsibility for the accuracy and completeness of the information and for any possible mistakes and errata in its database.
The language of administration and service
The language of providing information, administration, contracts, and warranty administration is Hungarian. Writing the contract is also in Hungarian language only, and governed by the laws of Hungary.
The Customer may put forward any consumer complaints regarding the activities of COWARE at the following email address:
COWARE is obliged to create a record, and keep the complaint for 5 years from the date when the complaint was recorded accompanied by the answer given for the complaint. COWARE investigates the received complaints within 30 days and gives a substantive answer. If COWARE rejects the complaint, COWARE must give a written reason. Legal disputes concerning the contract with COWARE are to be settled primarily in a friendly manner, with an agreement between both parties. If possible, COWARE will address a verbal complaint immediately. If resolving a verbal complaint is not possible immediately due to the nature of the complaint or if the Customer does not agree with the way the complaint is handled, COWARE will make a record about the complaint. In all other cases, COWARE will proceed according to the regulations on how to handle written complaints.
The entire COWARE, its graphic elements, texts and its technical solutions and service elements are copyright-protected and protected by trademark. Saving the entire content or its parts of COWARE to any computer storage media and archiving and printing it in any form is not permitted. Registration on the COWARE website, the use of COWARE and none of the provisions of the General Terms and Conditions give the Customer the right to use any sales descriptions, names, graphic elements or trademark. Customers have the right to use the COWARE website as specified in the General Terms and Conditions. All activities to attempt to list, compile, archive, monitor, crack and decrypt the source code of the database of COWARE are forbidden. Placing any unlawful content, publishing provocation to commit any unlawful acts or crime or doing so by conduct, or giving information on any illegal activities (crime, offence) is forbidden. It is forbidden to modify, copy, monitor the database of COWARE, place new content or overwrite the existing content by circumventing search engines without a special agreement with COWARE or using a service for these purposes.
Limitation of liability
COWARE does not assume responsibility for the continuous, uninterrupted, fail-proof operation of its website and the repair services available through the website. Customer takes note and accepts that COWARE does not assume responsibility for any direct or indirect damages resulting from the use of the service, including but not limited to loss of profit, damage to reputation, loss of use or data, or other immaterial loss. The Hungarian laws especially Act V of 2013 on Civil Code and Act CVIII of 2001 concerning electronic commerce services and certain legal aspects of information society services are to be applied in cases and any issues not covered by the General Terms and Conditions, and for the interpretation of these Terms and Conditions. The mandatory rules of applicable laws are normative to the Parties without specific restrictions. The territorial scope of COWARE repair services is generally not restricted, the services provided by COWARE are available both within Hungary and from abroad, with the exception of the following countries: the Crimean area, Cuba, Iran, North Korea, Russia, Sudan and Syria. COWARE has the right to modify the conditions of the General Terms and Conditions described here. Any possible modifications enter into force upon the appearance of the modification on the COWARE website. No modifications to the General Terms and Conditions will affect the already existing contracts and the conditions agreed in them and COWARE’s service obligation stated in the contract.
External references available from our website
Occasionally, we may send references to other websites as advertisements or others. We provide these references for easy access and for matters of convenience. We do not check the websites of third parties and we do not take responsibility for their contents. The addition of references does not imply the support of the content available on these websites or any affiliation with their handler. The User or Customer takes note that we do not participate in any transaction or contract to third parties, and we do not take any responsibility for any losses or damages that the User or Customer suffered by using these websites. The User or Customer accepts that they will not involve us in any legal controversies with a third party.
In all cases not covered hereby in the General Terms and Conditions the relevant legislation in force of the Republic of Hungary are governing.