i-Cell Webshop
General Terms and Conditions
I-Cell Kft. sells the products and services offered in the webshop available on the website obu.ifleet.hu/shop (hereinafter referred to as: “webshop”) under the following general terms and conditions (hereinafter referred to as: “GTC”):
1. DETAILS OF THE SELLER
Details of the company that sells the products and related services offered in the webshop:
- Company name: i-Cell Informatikai Fejlesztő és Szolgáltató Kft.
- Registered office and postal address: 1143 Budapest, Hungária köz 5.
- Company registration number: 01-09-674965 (Company Registry Court of Budapest- Capital Regional Court)
- Tax number: 11756420-2-42
- EU VAT number: HU11756420
- Internet: www.i-cell.hu
- E-mail: info@icell.hu
- Telephone number: +36 1 467 1750
- Data protection registry number NAIH-55064/2012.
- Represented by: Károly Farkas company manager
Hereinafter referred to as: „Seller”.
2. SCOPE OF THE GTC
2.1. The scope of application of these GTCs covers all sales contracts concluded by the Seller with any Buyer electronically via the webshop after the date of entry into force of these GTCs in connection with the purchase of products (on-board equipment, cables, other accessories) or the extension of the data traffic service (SIM card) required for the operation of On-board equipment.
2.2. The contractual relationship between the parties consists of the General Terms and Conditions of the Seller’s Services, these General Terms and Conditions and the individual contract concluded electronically between the parties, i.e. the order sent by the Buyer and the confirmation of the acceptance of the order issued by the Seller. The provisions of these documents shall apply to the legal relationship in their entirety. By sending the order electronically, the Buyer accepts the terms and conditions contained in these GTCs as binding on him.
2.3. These General Terms and Conditions apply to all matters that are not regulated in the General Terms and Conditions of the Seller’s services. If these General Terms and Conditions and the General Terms and Conditions of the Seller’s Services regulate the same subject differently, the provisions of these General Terms and Conditions shall prevail.
2.4. Possible general terms and conditions of the Buyer are legally ineffective with regard to the legal relationship between the parties.
3. TERMS AND CONDITIONS OF PURCHASE IN THE WEBSHOP
3.1. Any natural person of legal age having legal capacity, a legal entity or any other organization (hereinafter referred to as „Buyer”) is entitled to purchase in the webshop.
4. SUBJECT OF THE CONTRACT
4.1. The subject matter of the contract concluded between the parties is the purchase of products (On-board equipment, cables and other accessories) that can be purchased in the webshop and the ex-tension of the data traffic service (SIM card) necessary for the operation of the On-board equipment.
4.2. A detailed description of the products offered for sale in the webshop and of the data traffic service offered can be found in the General Terms and Conditions of the Seller’s Services and in the information provided in the webshop.
4.3. The Seller regularly updates the information available in the webshop and makes every effort to ensure that the information is correct and up-to-date. However, he assumes no responsibility for in-accuracies or spelling mistakes.
5. PROCEDURE FOR CONCLUSION OF THE CONTRACT, CONCLUSION OF THE CONTRACT
5.1. In the webshop, the Buyer can indicate his intention (order) to purchase the products or to extend the data traffic service to the Seller with the implied behaviour as follows.
5.2. The Seller send an email notification about the expiring data traffic service at least 30 days before the expiration, through which the Buyer can enter the web store, where he can view the ID of the on-board devices for which the data traffic service is about to expire. The Buyer’s page of the web store enabling the extension of the data traffic service can only be accessed via the link sent in the email notification. The Seller also notify the Buyer of the termination of the data traffic service by e-mail sent at the expiration date or after the expiration, with the warning that in case of failure to extend the data traffic service, the Seller may immediately terminate the contract for toll on-board assistance services.
5.3 In the webshop, the Buyer can specify the quantity to be ordered next to each product and the duration of the extension of the data traffic service, that can be changed at any time by clicking on the “Back” button before sending the order.
5.4. After entering the quantity of products and the duration of the SIM card extension, the Buyer clicks on the “Next” button, which directs him/her to the electronic form where it must provide additional information necessary for identification, communication, invoicing, delivery, and select the preferred delivery and payment method..
5.5. The Buyer can then click on the “Next” button to view the summary of his order and the amount to be paid. During this process, it must check that the data it has entered is correct. The Buyer is obliged to correct any data entry errors by clicking on the “Back” button. The Seller shall not be liable for delays in delivery, additional costs arising from repeated delivery due to incorrect or inaccurate data provided by the Buyer or for any other damage.
5.6. Before submitting the order, the Buyer declares, by checking the box next to the link to these General Terms and Conditions and the Seller’s Privacy Policy, that it has read, understood the contents of these General Terms and Conditions and the Seller’s Privacy Policy and it considers them as binding on itself.
5.7. The Buyer can send his order electronically to the Seller by clicking on the “Order” button. An order sent electronically by the Buyer is considered to be a legal declaration for the conclusion of a contract.
5.8. The Seller records the receipt of the order electronically and confirms it immediately with a message displayed on the website of the webshop or in the form of an e-mail sent to the e-mail address provided by the Buyer.
5.9. The contract is deemed to be concluded at the time the e-mail confirming the order is made available electronically and comes into force upon receipt of the payment for the ordered products and for the renewal of the SIM card to the Seller’s bank account.
5.10. The contract concluded between the parties shall be deemed to be an electronically concluded contract to which the provisions of the Act CVIII of 2001 on certain issues of electronic commerce activities and information society services shall apply.
5.11. The Buyer may print out these General Terms and Conditions, the order that has been sent and the order confirmation on paper or save them on another durable data carrier, which ensures that the electronically concluded contract can be displayed for itself
6. PURCHASE PRICE
6.1. In the webshop, next to the products, the net prices and, in the summary of the order, the gross price increased by the VAT are also shown. The indicated prices are in Hungarian forints or euros according to the currency chosen by the Buyer.
6.2. The prices do not include any shipping costs.
6.3. The Seller is free to exercise the right to change the prices of products and services. In the webshop, the change will take effect at the same time as it is displayed on the website and will not have any effect on the purchase price of products already ordered. If, in spite of all the Seller’s diligence, an incorrect price has been published on the platform of the webshop, especially with regard to the price which appears to be obviously wrong due to a possible system error, the Seller shall not be obliged to deliver the product at an incorrect price. In this case, the Seller can offer the delivery at the correct price, in the knowledge of which the Buyer can cancel his intention to purchase.
7. PAYMENT CONDITIONS, INVOICING
7.1. Depending on the Buyer’s choice, the purchase price of the ordered products and services can be paid with the following payment methods:
- Bank transfer
- Credit card payment
7.2. In case of bank transfer, the Seller sends the proforma invoice to the Buyer at the same time as the confirmation of the order, which the Buyer can also download in PDF format by clicking on the “Download proforma invoice” button in the webshop. Based on the proforma invoice, the Buyer is obliged to transfer the equivalent value to the bank account provided by the Seller. The crediting of the amount to the Seller’s bank account will take place within a few days, depending on the Buyer’s account-holding bank and whether the transfer is received domestically or from abroad. Upon receipt of the consideration for the transfer, the Seller will issue an invoice after the payment has been made. The Seller sends the electronically generated invoice to the Buyer by e-mail.
7.3. In case of payment by bankcard, the Buyer will be redirected to the Simplepay payment page operated by OTP Mobil Plc, which has a secure communication channel. The data content of the payment page is encrypted and protected, not even the Seller is aware of the content. In the course of the transaction, the card number, card expiration date and the three-digit validation code, which is on the signature strip on the back of the card, must be entered. Once the transaction is initiated, the card undergoes a real-time authorization process, during which the authenticity of the card data, the coverage and the purchase limit are verified by the card-issuing bank. If the card data proves to be correct after the check, the amount to be paid is blocked by the bank on the card. The amount will be debited to the Seller’s bank account within a few days, depending on the Buyer’s account holder’s bank.
7.4. The cards accepted on the payment page are the following: MasterCard, Maestro, Visa and Visa Electron. Not all Maestro and VISA Electron cards issued by banks can be used for online payments. Contact your credit card issuer for more information. The Seller does not charge an additional fee for credit card payments.
7.5. The Seller will issue an invoice after receipt of payment. The Seller sends the electronically generated invoice to the Buyer by e-mail, and the original copy of the invoice is included in the package that is delivered to the Buyer.
8. TRANSPORT, PACKAGING
8.1. After the counter value has been credited to the Seller’s bank account, the Seller will arrange for the delivery of the ordered products to the Buyer and for the renewal of the SIM card with the communication service provider.
8.2. The products are delivered by the Seller’s performance assistant, GLS Courier Service, who will deliver the products to the Buyer’s home within 2 (two) weeks after receipt of the counter value.
8.3. The delivery costs may vary depending on the destination, which is communicated by the Seller to the Buyer in the order summary before sending the order.
8.4. If, for whatever reason, the delivery is not possible within the agreed delivery time, the Seller shall be required to inform the Buyer of the expected duration of the delay.
8.5. The Seller shall not be liable for delays in performance due to circumstances beyond his control, which could not be foreseen with due diligence at the time of order confirmation and which could not be eliminated or resolved by reasonable measures at the time of their occurrence.
8.6. If one of the ordered products is not in stock or the desired quantity is not available, the Seller will notify the Buyer as soon as possible. In this case, the parties may agree to execute the order in instalments or to deliver all ordered products at the same time, which has to be performed after receiving the last of the ordered products. In this case, the delivery time is dependent on the arrival date of the last product.
8.7. The products are packaged by the Seller’s employee, for which no separate fee is charged.
8.8. At the time of delivery, the Buyer is obliged to check the integrity of the package and the correctness of the data on the delivery bill, to sign the delivery note and to return it to the representative of the logistics partner carrying out the delivery.
8.9. After receiving, the Buyer is obliged to check the contents of the package to ascertain whether they correspond to the products on the invoice or those ordered. If the Buyer detects any discrepancy, it is obliged to report it to the Seller immediately. The Seller will investigate the case and, if necessary, arrange for a replacement. In this case, the Seller’s logistics partner will perform the return shipment. In the event of defective performance, the Seller shall bear the costs for the repeated delivery.
8.10. The Buyer acknowledges that the Seller is entitled to withdraw from the contract if the Buyer does not take over the package within the prescribed period – with the obligation to inform the buyer at the same time and to repay the purchase price.
8.11. The Seller undertakes to fulfil orders only for shipping addresses in Hungary and Europe. {*} The Seller shall refuse orders to destinations other than these.
9. WITHDRAWAL
9.1. The Buyer, who is considered a consumer, has the right to withdraw or cancel the contract without giving reasons within 14 (fourteen) days of receipt of the products ordered or, in the case of a SIM card renewal, from the date of conclusion of the contract.
9.2. In the case of purchase of products, the condition for exercising the right of withdrawal or cancellation defined above is that the Buyer simultaneously returns the undamaged product suitable for proper use, which has not yet been put into operation and registered in the HU-GO system. The costs associated with the return of the goods shall be borne by the Buyer. The Seller will not accept shipments or packages that are sent by cash on delivery or in a way where the recipient pays the postal charges. The Seller can demand compensation for damages caused due to improper use of the returned product. The costs associated with the return of the goods shall be borne by the Buyer. The Seller will not accept shipments or packages that are sent by cash on delivery or in a way where the recipient pays the postal charges. The Seller can demand compensation for damages caused due to improper use of the returned product.
9.3. In case of SIM card extension, the Buyer cannot exercise the above mentioned right of withdrawal or termination if the Seller has already taken action with the communication service provider for the extension based on the contract.
9.4. By exercising the right of withdrawal, the Buyer is obliged to act in good faith and to exercise his right of withdrawal in accordance with its intended purpose. The exercise of this right may not lead to an abuse of the right on the part of the Buyer.
9.5. In case of lawful withdrawal on the part of the Buyer, the Seller shall refund the purchase price and the delivery fee to the Buyer within 30 days of receipt of the parcel or, in case of SIM card extension, within 30 days after it has been notified of the withdrawal / cancellation.
10. WARRANTY
10.1. The Service provider gives a 3-year warranty for the on-board devices and their accessories offered by it in the webshop (with the exception of the built-in battery and cable).
10.2. The Buyer’s warranty claim can be exercised by notifying the Seller’s customer service department.
10.3. The Seller is obliged to repair the product or, if such repair is not possible, to replace it, provided that the conditions for the enforcement of the warranty claim set forth in the General Terms and Conditions of the Seller’s services are complied with.
11. RULES OF DATA PROCESSING
The detailed rules for processing personal data provided by the Buyer during the ordering process are included in the Seller’s Privacy Policy.
12. OTHER TERMS
12.1. Purchasing in the Webshop assumes that the Buyer is aware of the technical and technological conditions and limitations of purchasing via the Internet and accepts the possibility of errors related to the technology. The Seller is not liable for any damage caused by the connection to the website of the webshop. The Buyer is liable for the protection of his computer and the data contained therein.
12.2. All data and information on the pages of the webshop as well as the design and structure of the webshop, the databases and the software operating the webshop are protected by copyright. Without the
prior written consent of the Seller, nobody is entitled to change, to process, to make available to the public or otherwise to use the materials provided on the pages of the webshop for commercial purposes.
12.3. The Seller is entitled to unilaterally amend these GTCs at any time. The Seller shall publish the amended General Terms and Conditions by publishing them on the Website. The changed GTC come into force after they have been published. The contractual relationship between the parties is always subject to the provisions of the GTC in effect at the time the individual contract has been concluded.
12.4. All communications made between the Parties in connection with this contract must be sent in writing or by e-mail to the other Party. The date of communication of the declaration in the case of personal receipt and courier delivery shall be the date of receipt on the acknowledgement of receipt, in the case of delivery by post the date of receipt on the return receipt, and in the case of notification by fax or e-mail the working day following the forwarding of the declaration. In the case of a communication by postal letter, the declaration is deemed to have been transmitted even if it could not be delivered to the address of the Seller indicated above or to the address of the Buyer indicated on the order form, because either the Buyer or the Seller gets an “unclaimed” or “did not take over” notification for shipping to this address or either the Seller or the Buyer “moved to another address” and the post office returns the registered letter with acknowledgement of receipt with such a notice to the sender.
12.5. Electronic documents and information stored under the expected security conditions on the computer systems of both parties shall constitute mutually agreed proof of communication between the parties and of the performance of the contract.
12.6. The language of these General Terms and Conditions and the contracts concluded between the parties is Hungarian. Any translation into another language published on the website serves only for the information of the Buyers. In case of any contradictions between the respective versions, the Hungarian language version shall prevail.
12.7. In matters not regulated by these GTCs and by the individual agreement concluded between the Parties, the Act V of 2013 on the Civil Code (hereinafter referred to as the “Ptk”), Act CVIII of 2001 on certain issues of electronic commerce activities and information society services (hereinafter referred to as: “Ektv”) and the relevant provisions of other Hungarian legal regulations in force shall prevail.
Budapest, 2020
i-Cell Kft.
(Seller)
