General Terms and Conditions of Agreement and Use
for Customers and Site Visitors
(hereinafter referred to as GTCAU)
Effective from May 10th, 2021
Before introducing the contents of the GTCAU we wish to strongly draw the attention of our Visitors and Customers that it is not possible to deviate from these conditions. GTCAU includes general rules of the relationship between CUKOVY and the Customer, and special conditions of the rights and obligations of the parties participating in the relationship. GTCAU is prevailing in all cases which legal regulations do not touch.
Please read this document carefully before finalizing your order, because by finalizing your order, you accept the contents of these GTCAU, which you also confirm by checking the box on the order page.
Cukovy Europe Kft.
(hereinafter referred to as ‘CUKOVY’ or ‘Merchant’)
Headquarters and mailing address:
Hungary - 1012 Budapest, Lovas út 17.a 2.
Company registration number:
Shopify is the leading cloud-based, multichannel commerce platform designed for small and medium-sized businesses. Merchants can use the software to design, set up, and manage their stores across multiple sales channels, including web, mobile, social media, marketplaces, brick-and-mortar
However, Shopify is not a marketplace. Any contract of sale through this Site is directly between the CUKOVY and the Customer.
Use of the Site: The present General Terms and Conditions of Agreement and Use (hereinafter referred to as ‘GTCAU’) are the conditions of any type of use of the webpage under URL www.cukovy.com (hereinafter referred to as ‘Site’).
Purchasing: Also, this GTCAU is to be applied to any contracts of sale that Merchant makes with third parties (hereinafter referred to as “Customer”) regarding the sale of any products and related services hereinafter referred to as ‘Product’) purchased through its Site after these Terms came into effect.
Customers agree that they are obliged to learn, understand and accept conditions set out in the present document prior to any use of the Site or purchase, which shall be automatically applicable throughout the complete duration of the relationship. The contractual terms between Parties are jointly regulated by this GTCAU and by any preceding or further individual agreement or contract entered into by Parties electronically, i.e. including any orders or order amendments submitted by the Customer as well as any order confirmations or further order confirmation amendments issued by the Merchant. Any terms and conditions issued by the Customer are deemed not valid or applicable under the governance of these Terms.
Nevertheless, CUKOVY is not obliged to investigate whether the data and information provided by Visitors and Customers are real or valid, thus it has no responsibility for any damages arising thereof, neither in relation to Visitors, nor to Customers, nor to third parties. Furthermore, if an order is placed and fees have been paid, CUKOVY is not obliged to investigate if the person placing the order is authorized to act on behalf of the Customer and take payment obligations on its behalf. Consequently, it is the responsibility of the person placing the order to indemnify for the damages arising.
Customer shall store a copy of this GTCAU saved when an order is placed. If certain parts of the GTCAU are not clear or in case of any questions, Customer shall contact CUKOVY at email@example.com
The language of this GTCAU and that of the contractual relation between CUKOVY and the Customer is English. The governing law is the Hungarian law.
All Products available for purchase at this Site are created and designed by CUKOVY. Products are not sold thorough other online or non-personal channels, for example, email or over the phone.
Making a purchase in the Webshop does not require a mandatory valid advance registration.
Electronic Order Form: Sections completed by the Customer after choosing the Product set to be purchased, contracting CUKOVY, where they declare their interest in the purchase, regulating all issues unregulated by the present GTCAU, specifically the exact contents of purchase and purchase information of the Customer. The Parties consider the completed Electronic Order Form as an obligation to enter to the agreement (legally binding obligation to execute the purchase on both sides) with each other after successful payment.
Party, or Parties: Site Operator, CUKOVY, Visitors, Customers, and these altogether.
Product: The subject of the contract – product and services available for purchase on the Site.
Site: The website under URL www.cukovy.com and the corresponding Webshop (under the same URL).
Visitor: A person visiting and using the Site for any purposes.
Customer can validate their intent of purchase online through the Site, by filling in the Electronic Order Form. The Electronic Order Form includes the elements and obligatory accessories related to the agreement. It is at the Customer’s discretion to opt for the purchasable Products.
Customer may indicate the number of required items next to the respective product in the Electronic Order Form which product(s) then may be placed into the “shopping basket” (temporary storage for desired products, hereinafter referred to as “Basket”) for final purchase. The contents of the Basket may be changed at any time before submitting the order form.
Following placing the desired products into the Basket, Customer may advance into the Basket module to access the list of Products to be purchased by clicking on the respective link or icon. Any Customer without existing pre-registration are required filling out a formal order form, including providing their billing and shipping address and any further required information. Customer further on is required to check that the information is correct and appropriate, make any necessary changes, and then submit the information electronically to Merchant by clicking on the “Order” (or similar) key. Any orders submitted to Merchant are considered legally binding declarations. Customer acknowledges that by submitting the order electronically, they accept the conditions detailed in this GTCAU as legally binding upon them.
CUKOVY sends an electronic notice after a successful payment and issues an invoice to the Customer through the e-mail address previously provided by the Customer.
In case the notification is not received by the Customer within 48 hours of the submission of the order, he/she will be automatically considered redeemed from any obligations regarding the purchase without any further requirements or responsibilities.
Merchant will accept the purchase order when the Customer provided all the required information in the Electronic Order Form, which information are true, the shipping address is valid, and Customer paid the full price. Merchant is not liable for any delays caused by invalid or incorrect information as provided by the Customer and may not be held liable for any other mistakes or matters arising.
The purchase agreement will become valid when Merchant acknowledges the purchase order towards the Customer via email.
The purchase agreement is concluded between CUKOVY and Customer thus payment will be received by CUKOVY.
Payment for the items purchased may be fulfilled via the following methods:
Online payment with a bank card (no other option provided)
Should the Customer choose online payment, they will be redirected to the online payment interface of www.stripe.com website where the Customer may complete the payment. Terms governing the online payment method may be found at https://stripe.com/en-hu/privacy.
Customer understands and accepts terms referenced above. By clicking on the payment hyperlink, Customer accepts that the Merchant forwards their personal data stored on www.cukovy.com website to Stripe Payments Europe, Ltd. (C/O A&L Goodbody, Ifsc, North Wall Quay Dublin 1., Dublin 1, Dublin. The data forwarded are as follows: last name, first name, country, telephone number, email address). The purpose of forwarding the data: provide customer service to third parties, the confirmation of transactions, and prevention of frauds to protect customers.
CUKOVY does not access, collect or store credit card information.
Actual charges from the Customer’s credit card provider may vary slightly due to fluctuations in the international currency exchange rates.
Prices are listed in EUR.
Prices indicated on the Site adjacent to the products are gross prices (except for customs as indicated below) including any applicable VAT.
Customer pays further applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
This may be different if the Customer is a legal entity. Legal entities shall inform CUKOVY before submitting their orders in order to consult applicable tax rates.
Custom clearance procedure
Prices indicated on the Site do not contain the amount of customs for all items. Based on the shipping address, the Site determines the total value of customs and adds it to the total price in the Basket.
Once the customs are paid by Customer, CUKOVY is responsible for customer clearance procedure when shipping the order. CUKOVY is not responsible for customer clearance procedure when Customer decides to withdraw.
Any promotional or sales offers will be indicated separately. Such promotional offers are valid until stocks last or the time period of the promotion whichever is applicable. CUKOVY reserves the right to amend or modify their prices or package discounts without prior notice.
Clearly incorrect price
In the case of products ordered at a clearly incorrect price, the Merchant offers the possibility to purchase the product at a fair price, based on which the Customer has the opportunity to decide whether to order the product at a fair price or withdraw the order.
Primarily, the following are considered to be clearly incorrect purchase prices:
- 0 HUF price,
- price reduced by a discount but incorrectly indicating the discount (the percentage rate applies)
Prices are subject to change at the discretion of the Merchant. Any changes to the price will be in effect from the exact time of the new price appearing online at the Site and will not affect the prices of items already ordered.
All information that Customer provides in connection with a purchase, transaction or the invoicing information must be accurate, complete, and current.
Invoice is issued by CUKOVY and generated automatically once the payment is successfully completed. Customer shall receive the invoice within 1 day from the payment. Customer may contact CUKOVY if they see delay in receiving the invoice.
CUKOVY is not able or obliged to correct, amend or cancel the invoice once it is issued. It is Customer’s sole responsibility to provide accurate and current billing information in connection with a purchase.
Yes. The price indicated on the Site includes the shipping fee (except for the customs as indicated above).
Customer accepts that shipment to any other countries that require the payment of any taxes, duties, and any other fees for shipment from Hungary, Customer is required to pay the applicable fees in full in addition to the purchase price indicated.
CUKOVY has sole discretion in choosing a service provider for shipment.
Items purchased are shipped by GLS Hungary Kft. and DPD Hungaria Kft. in accordance with these companies own terms and conditions as detailed on these following websites:
- GLS: https://gls-group.eu/HU/hu/altalanos-uzleti-feltetelek
- DPD: https://www.dpd.com/hu/home/szallitas/aszf
International deliveries are carried out by:
Customer shall be informed of the shipping company of their order by the Merchant in the confirmation email.
CUKOVY ships worldwide, except for North Korea. CUKOVY reserves the right to amend the list of excluded countries even after receiving the purchase order of Customer.
In case shipping is not possible for any reason, Merchant shall promptly inform Customer of the expected length of delay.
The indicated delivery time indicated is an estimated time, which may be less or more depending on the number of orders. The service provider's information after the order is decisive regarding the actual delivery time.
Merchant may not be held liable for any delays caused by external reasons beyond their control that could not be anticipated at the time of the issuing of the confirmation email, and delays that could not have been pre-empted or avoided with reasonable adjustments or action.
If the ordered item is not in stock or the required number of items is not available, Merchant shall inform Customer without delay via email. In such cases, Parties may agree to deliver items in separate orders, or the fulfilment of the order when the last required item becomes available. Customer accepts that the Merchant may reject the fulfilment of the order in such quantities that may presume the resale of the items purchased.
To avoid possible future misunderstandings, the contents of the packages are recorded with a camera before delivery. On the receipt of the items purchased, Customer is required to inspect the content of the delivery to ensure that it matches the goods itemized on the shipping note/invoice and with the goods delivered. Should there be any discrepancies; Customer is required to immediately notify the Merchant. Merchant will investigate the fulfilment of the order and if deemed necessary, will replace the items delivered. If the Product is found to be damaged during the opening in the presence of the person delivering it, and the damage occurred before the receipt of the goods, we will ensure the return of the product and the cancellation of the sale immediately. We cannot be held responsible for any lack of content or damage.
In such cases, the partner delivery companies detailed above will fulfil the collection and return of the goods to Merchant. Any expenses incurred due to the incorrect delivery are to be paid by the Merchant.
Customer accepts that the Merchant may withdraw from the agreement in case the Customer fails to collect or be available for the delivery within the deadline as set out the terms and conditions of the delivery partners listed above on notifying the Customer and refunding the purchase price (excluding the total shipping fee) to the Customer at the same time.
Detailed rules of withdrawal from contracts between customers and traders are regulated by
Gov. Order No. 45/2014(II.26.) of Hungary.
The right of withdrawal can be exercised only by consumers and not by non-consumer entities.
Consumer is a natural person acting out of the scope of his/her profession/business activity.
Customer may withdraw from the agreement within 14 days for any reason. The deadline of withdrawal/date of termination shall expire 14 days after the date on which the Customer or its proxy, a third party other than the delivery partner, received the purchased item.
It means the Customer is allowed to send the order back to CUKOVY within 14 days from the date he/she received it for any reason.
Should the Customer exercise its right of withdrawal/termination, their expressed written declaration must be submitted to the following email address: firstname.lastname@example.org
For the reason above, Customer may use the template for the written declaration contained in Appendix 1 of this GTCAU.
Customer is exercising its right of withdrawal/termination if the written declaration is submitted before the expiry of the deadline indicated above.
Exceptions: made to measure items and upcoming season pre-orders that are made especially for the Customer are an exception, and in case of these orders no returns, exchanges or refunds will be accepted.
Should the Customer withdraw from the agreement, Merchant will, without delay but within 14 days of receipt of the withdrawal declaration, refund the full expense of the Customer, including shipping and handling, except for the additional fees that have arisen due to the Customer choosing a different shipping method other than the usual, most economical solution and the amount of the customs.
Any such monies owed to the Customer will be refunded through an identical transaction, except when Customer explicitly agrees to a specific alternate payment method; in such cases any additional expenses incurred are to be paid solely by the Merchant.
Customer is required to return or hand over the items without any reasonable delays but not later than 14 days from the date on which Customer received the order. The deadline shall be considered met when Customer returns the item before the expiry of the 14 days.
Any expenses (duties, taxes, courier fees, customs, etc.) incurred due to returning the item is to be paid by the Customer except if the Product was defective when Customer received it. As Merchant withholds the refund as long as the items ordered have not been received, it is highly recommended to use a delivery company who insures the Product against theft or lost or provides a tracking number through the shipment of the returned goods can be followed.
Customer shall be held liable only for any decrease in the value of the returned item if any such decrease is beyond the safe operation, the characteristics, traits, reasonable usage, wear and tear, and testing of the product require.
Respectively, the original Product Customer wishes to return has to fit the following criteria:
- the products have not been used, worn, washed, modified or damaged;
- the identification tag is still attached to the products with the disposable seal;
- the products must be returned in their original packaging, preferably reusing the original packaging materials (in case of a kit, all of its components);
- the package is securely closed and taped to ensure it will not open during transit.
Returns shall be sent to the following address:
Hungary, Budapest, 1051 (zip code) Október 6 street 24.
Customer will be notified if the returned Products can be accepted and the return meets all the requirements. The notification is followed by the payment of the refund without undue delay but not later than 14 days from the date CUKOVY received the returned Products.
The form of the refund is: credit card refund or bank transfer.
Refund time will depend on the policies and practices of the credit card company or the bank.
Customer will be notified if the returned products cannot be accepted. In this case, Products are subject to be returned to the Customer within 5 days in the conditions in which they were sent back to CUKOVY. If Customer refuses to receive the Products in the conditions in which they were sent back to CUKOVY, the delivery partner shall be entitled to keep the Products and withhold the sums already received.
Customers are entitled to return the Product in case of defective performance or withdrawal but exchange to a different color, size or Product is not possible.
CUKOVY is the sole owner of the intellectual property rights of the Products thus it owns all rights, titles, invention, design, idea, discovery, interests, patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets relating to the design, use, manufacture, operation or exhibitions.
CUKOVY reserves the right to the content of the Site. It is prohibited to download, to store, to process, to modify or to transfer the content of the Site in whole or in part.
No. Customer is not entitled to use any CUKOVY trademark, brand name or logo.
Significant characteristics and traits of the products are detailed in the informational description or data page of the specific item.
Merchant agrees to systematically update the information available through the Site and does its utmost to ensure that the information available is current and correct, but cannot be held liable for any mistakes, textual errors, or any other inconsistencies.
An item is considered faulty only if it does not meet applicable quality requirements, or does not have the characteristics or traits described by the manufacturer in the product description.
Customer may exercise their warranty rights regarding the faulty fulfilment (in Hungarian: hibás teljesítés) of the order in accordance of the regulations of the Civil Code of Hungary.
Consumers (natural person customers acting out of the scope of his/her profession/business activity) may request one of the following claims (it is not possible to claim both):
Liability for defective items (in Hungarian: kellékszavatosság)
The Customer according to their preferences may require (a) repair or (b) replacement of the item, except when their choice is not possible, or would incur unreasonable expenses for the Merchant in lieu of the other possible option. Should the Customer not require or could not require the repair or replacement, they may require a (c) discounted purchase price, or – as last resort – may (4) withdraw from the agreement. Customer may switch to exercising other warranty rights, however any expenses incurred in such process must be borne by the Customer, unless the switch was reasonable, or the Merchant provided a reason for such a requirement.
Timeframe: Customer is required to notify the Merchant about the discovery of the fault immediately, but not later than within two months. Customer may not exercise their repair and replacement warranty rights beyond two years of receipt of the goods. There are no additional requirements to exercise warranty rights within six months other than informing the Merchant of the discovery of the fault if Customer is able to prove that the items purchased or the services are provided by the Merchant. Beyond the expiry of the six months however Customer is required to prove that the fault already existed at the time of fulfilment.
Liability for defective products (in Hungarian: termékszavatosság)
As a product warranty, Customer may require the (a) repair or (b) replacement of the faulty item.
Product warranty rights may only be exercised within two years of purchase. Rights may be not exercised once this deadline expired.
The fault of the product must be proven by the Customer when they exercise product warranty rights.
Merchant shall only be redeemed from its responsibility in providing the product warranty if they are able to prove that
- the fault could not have been discovered at the time of trading given the existing standards of science or technology, or
- the fault is resulting from the application of regulations or mandatory standard requirements.
Liability of Customers and visitors while using the Site
By accepting the present GTCAU and recognizing their complete compensation responsibility, the Customer guarantees that:
- They are a validly registered and operating legal entity or organization without a juridical personality or a natural person of legal age (18+) with the ability to act;
- They have read and understood the contents and conditions of the present GTCAU;
- They display a responsible behavior while using the Site and the Products and show good faith towards other users, cooperate and are respectful in their dealings;
- They indemnify CUKOVY for any claims of third parties that arise from the use of the Customer, including any claim, cost, deficit or damage.
- They agree to use reasonable measures to protect the Site, for example preferably using virus killers and/or firewall while using the Site.
Should any of the Customer’s guarantee statements be false, that constitutes a breach of contract and CUKOVY is entitled to immediately terminate the service. Furthermore, CUKOVY is entitled to apply the sanctions they deem to be the most appropriate.
What is a Visitor liable for?
Visitors may not execute any of the following activities:
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- Uploading invalid data, viruses, worms, or other software agents through the Service, including through any user content
- Bypassing the measures CUKOVY or Shopify may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content.
Merchant’s liability for technical conditions of the Site
- CUKOVY cannot be held liable and accountable for the Customers’ and Visitors’ behavior toward other Customers, Visitors and third parties.
- CUKOVY cannot be held liable and accountable for consequences and damages arising from improper data given by the Customers.
- CUKOVY is not liable for damages, including damages caused by a computer virus, that arise in the Customer’s IT equipment or other assets when trying to use the Site
- CUKOVY is not liable for any loss of data, including that of personal and confidential data, resulting from the Customer’s or Visitor’s error, or for damages and losses arising from the complete or partial malfunctioning or unavailability of the Customer’s/Visitor’s hardware or software system.
If, as a result of the Customer’s or Visitor’s behavior (including but not limited to the violation and non-fulfilment of relevant laws, administrative regulations and decrees, violation of the rights of third persons, and non-fulfilment of any obligations set out in the present GTCAU, or false statements) any third party or court submits any claim or takes legal action against CUKOVY, the obligation to answer for the violations is exclusively borne by the Customer. The Customer/Visitor agrees to take all measures requested by CUKOVY (such as the declaration of assuming responsibility for misuse or infringement and declaring CUKOVY non-implication) against violations and abuses in order to preserve CUKOVY’s reputation (including the avoidance of Site Operator being associated with the infringement or abuse, and measures taken to prevent damages at CUKOVY arising as a result of these events).
All extraordinary events occurring after the conclusion of the agreement, which make the performance of the agreement impossible or render it extremely difficult, which the Parties could not have foreseen or prevented and which cannot be attributed to the default of any of the Parties shall be considered as force majeure. Such events may be in particular, but not limited to, the case of a state of emergency, strike, war, revolution, terrorist actions, natural disaster, fire, flood, epidemics, pandemics, quarantine, embargo on delivery, or a targeted attack against the IT infrastructure by so-called “hacker” groups, whose primary objective is to illegally obtain or abuse data for the perpetration of various crimes.
The force majeure circumstances exempt the Parties from the performance of their obligations under the Agreement to the extent at which the force majeure event hinders the affected Party in the performance of its contractual obligations. Such exemption may only be granted for the period that the effect of said event endures.
The Party affected by the force majeure shall inform the other Party of the force majeure circumstance, its nature, and – where possible – of its possible duration, immediately, but not later than within 5 days from learning of the force majeure circumstance or, where the Party is prevented from performing its activities, 5 days from the time when the obstacle ceases to exist.
The force majeure circumstance itself does not exempt the Party announcing the circumstance from its obligations otherwise to be performed according to the Agreement that had become due before the force majeure circumstance occurred or the performance of which is not affected by the force majeure.
Whom I can contact with complaints?
The Customer shall contact CUKOVY regarding complaints via the email@example.com e-mail address.
What is the governing law?
CUKOVY strives to achieve a settlement in a peaceful way, and as such, the Customer and CUKOVY shall use their best efforts to settle via direct consultations all disagreements and disputes emerging between them within the framework of the present GTCAU and the agreement. The Parties shall inform each other of all circumstances occurring after the conclusion of the agreement that hinder the performance of the agreement immediately after said circumstances become known.
The operation of CUKOVY and the issues covered in the present GTCAU are governed by Hungarian law, in particular Act CVIII of 2001 on electronic commercial services and other services related to the information society, Act LXXVI of 1999 on copyright, the Criminal Code, the Civil Code and Act CXII of 2011 on self-determination right and freedom of information.
The Parties agree that if any provisions contained in the GTCAU should prove to be invalid, it shall not affect the validity of the remaining provisions.
For the resolution of any disputes arisen between Merchant and Customer, Customer may start arbitration process with the aim of reaching a satisfactory settlement among Parties. The competent arbitration committee with jurisdiction at the official address of the Merchant is as follows:
Budapest Arbitration Committee
Address: 1016 Budapest, Krisztina krt. 99. 3rd floor 310
Telephone: +36 1 488 2131
Fax: +36 1 488 2186
Consumer protection Authority
Customer has the right to lodge a complaint with the Hungarian Consumer protection authority. Following the assessment of the complaint, the authority shall decide on the conduct of the consumer protection proceedings. The first-level consumer protection official tasks are performed by the capital city and county government offices competent according to the consumer's place of residence, the list of which can be found here: http://www.kormanyhivatal.hu/
The Customer is entitled to enforce his/her claim arising from a consumer dispute in court in the framework of civil proceedings pursuant to Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Any communication regarding the agreement entered into between Parties shall be made via email. Any electronic documents and information stored by Parties in line with expected security standards are mutually accepted as evidence of communication between Parties and the fulfilment of the agreement.
CUKOVY is required to handle, record or store any personal data provided by the Customer according to its purpose, solely for the fulfilment of the agreement, and as supporting evidence in the future if necessary, or for any pre-approved reasons provided in advance (e.g. newsletters).
CUKOVY may amend this GTCAU at any time at its own discretion. New terms are made public when published on the Site. New terms come into effect after publication. The agreement shall be governed by the GTCAU available publicly on the date of any individual contracts.
If the Customer does not accept any of the changes in the GTCAU, he/she must stop using the Site immediately.
Appendix 1: Template for Withdrawal/Termination of Contact
(Fill out and return only in case you wish to withdraw/terminate the agreement)
CUKOVY Europe Kft.
1012 Budapest, Lovas ut 17. as 2.
I/We the undersigned hereby declare that I/we wish to practice my/our right of withdrawal/termination from/of the Contract regarding the purchase of the goods or services detailed below (please detail name and number of items):
Date of Contract/Receipt:
Name(s) of Consumer(s):
Address(es) of Consumer(s):
Signature(s) of Consumer(s): (only on hard copy document)