General terms & conditions

Welcome to the website operated by Dockyard Islands Kft. (hereinafter: Fundango). These General Contracting Terms (hereinafter referred to as GCT) contain the terms of using the service available on the www.fundango.com website (hereinafter referred to as Website) by the users (hereinafter referred to as Buyer).

Technical information necessary to use the Webshop and not contained in this GCT, is provided on the Webshop interface.

The language of the contract is English. Contracts are not regarded as a written contract, are not filed by Fundango, so they are not accessible for viewing afterwards.

Fundango does not submit itself to the provisions of any behavioral code. By using the Webshop, the Buyer acknowledges and accepts the following:

Company name:	Dockyard Islands Kft.
Registered address, postal address:	1037 Budapest, Csillaghegyi street 15-17.
Telephone:	+36 20 247 7047
Email address:	webaruhaz@fundango.com
Tax number:	12183951-2-41
Company registration number:	01-09-563344
Registering Court:	Budapest Court of Registration
Bank account number:	10300002-20152477-00003285
Fundango storage:	RackForest Kft. Victor Hugo street 11. 5. em. B05001. a. 1132 Budapest Tax number: 14671858-2-41 EU tax number: HU14671858 Company registration number: 01-09-914549

For any business relationship between Fundango and the customer starting from 01.01.2018 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.

The customer recognizes the exclusive validity of Fundango’s General Terms and Conditions for the entire business relationship. Fundango will not recognize any different conditions of the customer unless the management of Fundango has expressly agreed in writing to their validity. If the customer enters into a business relationship with Fundango by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Fundango.

Fundango shall immediately confirm the receipt of the offer submitted by the Buyer via an automatic confirmation email message, which message shall contain the data provided by the Buyer during the purchase (invoice and delivery information), the order ID, list and quantities of the elements belonging to the Product, price of the Product, amount of the delivery cost and the total amount payable.

This confirmation email is regarded as accepting the Buyer’s offer by Fundango, and creates a valid agreement between Fundango and the Buyer.

The Buyer is released from the obligation related to the validity of the offer, if does not receive the confirmation email from Fundango immediately, but not later than within 48 hours, on the basis of which he/she is released from the obligation to purchase the product.

If the Buyer already sent the order to Fundango, and detects an error in the data included in the confirmation email, such error must be indicated to Fundango within 1 day, in order to avoid undesired product deliveries.

By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.

Fundango reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.

All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday and Sunday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.

Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.

You have the right to cancel this contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.

Beyond the statutory cancellation period we voluntarily grant you an extended cancellation period amounting in total to 21 days for the articles which are also subject to the statutory cancellation right.

This cancellation rights must be exercised by informing us:

Dockyard Islands Kft.

1037 Budapest, Csillaghegyi út 15-17.

HUNGARY

webshop@fundango.com

by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract.

To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.

If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.

We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.

You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you informed us of the cancellation of this contract, to:

Dockyard Islands Kft.
1037 Budapes, Csillaghegyi út 15-17.
Hungary

The time limit is observed if you dispatch the goods before the end of the fourteen day period.

If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provided appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.

The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:

Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.

Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.

Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.

Items that can be sent by parcel are to be sent back at your risk. You bear the direct costs of the return of goods.

Should nothing different be requested by the customer then the delivery address entered by the customer will be used.

Delivery is assigned to GLS courier service. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.

If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.

The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.

Delivery and service delays due to unforeseen events are not the responsibility of Fundango. Such events give Fundango the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Unforseen events include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Fundango or distributors of Fundango.

In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.

Deliveries are made only in European Union and prices are shown in EURO.

All product prices at Fundango are gross prices, include the current rate of VAT in EURO. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice.

The retail price is payable upon placement of an order. The customer can pay the purchase price by Pay Pal. Fundango offers to its buyers the PayPal payment method. Security is based on data separation. Fundango receives from the Buyer the information related to the order, whereas Pay Pal only receives the card data necessary for the payment transaction on the payment page. Fundango is not informed about the data contents of the payment page; it can only be accessed by Pay Pal.

PayPal is a financial institution offering cash-free payment services, specialized in electronic commerce. PayPal keeps electronic account for its client, which they can replenish from their residential or corporate account by credit card payment or money transfer. This way, during purchasing on the internet, no confidential credit card or account details need to be provided to the Webshop, the PayPal username and password is sufficient to make the payment. If you are not a PayPal user, you may register on their site.

Payment by credit card via the system of Simple Pay or PayPal: Fundango offers to its buyers payment by credit card option offered by Simple Pay and the PayPal payment method. Security is based on data separation. Fundango receives from the Buyer the information related to the order, whereas Simple Pay only receives the card data necessary for the payment transaction on the payment page encoded with 128-bit SSL encryption. Fundango is not informed about the data contents of the payment page; it can only be accessed by Simple Pay. For payment by card, the browser must support SSL encryption. Price of the purchased products, the paid amount is immediately locked on the Buyer’s bank account.

Internet payment system of Simple Pay allows the use of MasterCard, Mastercard Electronic, VISA and VISA Electron (Electron only in case, if the issuing bank authorizes it) belonging to the VISA product line, only the Maestro and American Express cards issued by Simple Pay, as well as web cards suitable for payment on the internet.

All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Fundango.

If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.

A right of compensation is only available to you, if your counterclaims are established legally or recognized or accepted by us. Additionally, you only have a right of retention, so long as your counterclaim is based on the same contract.

If the customer has any remaining default payments due to us, all existing receivable are due immediately.

The guarantee period is based on the legal regulations. This is half a year and begins at the time the customer receives the product.

Claims against Fundango which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.

The guarantee is not valid against normal wear and tear caused by use of a product.

Should a defect in a purchased item be the responsibility of Fundango, then Fundango is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Fundango is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Fundango or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.

If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Fundango will bill the customer for any expenses incurred.

Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.

Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. This Fundango accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Fundango is excluded or limited, this also applies for the personal liability of employees, representatives or agents.

The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.

Fundango accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.

The customer expressly understands that bindings are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted bindings are not ready to ride! The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.

On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Fundango of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Fundango may withdraw from the contract, in as far as such a contract has been made.