Terms of service
OVERVIEW
Welcome to the Csengmousse Tortamanufaktúra store! The terms “we”, “us” and “our” refer to the Csengmousse Tortamanufaktúra store. Csengmousse Tortamanufaktúra operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing its customers with a personalized shopping experience (hereinafter: the “Services”). The Csengmousse Tortamanufaktúra store is powered by Shopify, which enables us to provide the Services to you.
The following terms, together with the policies referenced herein (hereinafter: “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitation of liability.
By visiting, managing and using our Services, you accept these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or Privacy Policy, do not use or access our Services.
Payment obligation, exclusive cash-on-delivery payment and legal consequences of non-payment
Purchases in the Csengmousse Tortamanufaktúra online store are only possible using cash-on-delivery payment. By finalizing the order electronically, the consumer undertakes a payment obligation to pay the price of the ordered product(s), as well as any shipping, handling and other related fees that may arise.
The finalization of the order, in accordance with the provisions of Section 15 of Government Decree 45/2014. (II. 26.), expressly qualifies as an order involving a payment obligation, which Csengmousse Tortamanufaktúra clearly indicates during the ordering process.
In the case of cash-on-delivery payment, the full purchase price is due upon receipt of the package to the delivery service provider, according to the amount stated in the order confirmation.
The customer acknowledges that placing the order creates a binding payment obligation, and that the unjustified refusal to accept the package, or failure to pay the cash-on-delivery amount, constitutes a breach of contract pursuant to Sections 6:137 and 6:186 of Act V of 2013 on the Civil Code.
In the event of non-payment, Csengmousse Tortamanufaktúra is entitled to:
send a written payment notice,
transfer the claim to a third party,
and enforce the claim through legal proceedings.
In order to enforce the overdue monetary claim, Csengmousse Tortamanufaktúra is entitled to initiate a payment order procedure through the system of the Hungarian Chamber of Civil Law Notaries (MOKK), in accordance with the provisions of Act L of 2009 on payment order procedures.
The costs specified by law arising in connection with the payment order procedure, as well as any enforcement procedure, may be borne by the customer to the extent permitted by law.
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SECTION – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached at least the age of majority in the state or province of your residence, and that you have given us your consent to allow your minor dependents to use the Services on devices owned, purchased or managed by you.
To use the Services, including accessing or browsing our online stores, or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address, as well as your billing, payment and shipping information. You represent and warrant that all information provided by you in our stores is correct, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for keeping your account credentials secure, as well as for all activities related to your account. You may not transfer, sell, license or assign your account to any other person. -
SECTION – OUR PRODUCTS
We have taken every measure to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on the screen due to the type of device used to access the store, as well as the device settings and configuration.
We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations, or that they will match the content depicted or displayed in our online stores.
Product descriptions may change at any time, without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and we may limit the quantity of products offered to any person, geographic region or jurisdiction on a case-by-case basis. -
SECTION – ORDERS
When you place an order, you make an offer to purchase. Csengmousse Tortamanufaktúra reserves the right, at its sole discretion, to accept or reject the order for any reason. Your order shall only be deemed accepted once Csengmousse Tortamanufaktúra confirms its acceptance. Before accepting the order, we must receive and process your payment. Please carefully check your order before submitting it, as Csengmousse Tortamanufaktúra may not be able to fulfill cancellation requests after accepting the order. In the event that we do not accept, modify or cancel the order, we will attempt to notify you via the email address, billing address and/or telephone number provided at the time of the order.
Purchased products may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for your own personal or family use and not for commercial resale or export. -
SECTION – PRICES AND BILLING
Prices, discounts and promotions may change without prior notice. The price of the product or service shall be the price valid at the time the order is placed, which will be recorded in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, as well as shipping, handling, customs clearance or import costs.
Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions within the Services that may affect prices and that may be subject to terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and billing information for every purchase made in our stores. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete transactions and contact you as necessary.
You represent and warrant that (i) the credit card information provided by you is true, correct and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the charges incurred by you will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling costs, as well as any applicable taxes. -
SECTION – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. Shipping times are only estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs brokers or events beyond our control. Once we hand over the products to the carrier, ownership and the risk of loss pass to you. -
SECTION – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product descriptions, videos and audio materials, as well as their design, selection and arrangement, are owned by Csengmousse Tortamanufaktúra, its affiliates or licensors, and are protected by patent, copyright and other intellectual property laws valid in the United States and abroad.
Under these Terms, you may use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any materials found in the Services. No part of these Terms grants you, or shall be interpreted as granting you, any license or other right under any patent, trademark, copyright or other intellectual property right of Csengmousse Tortamanufaktúra, Shopify or any third party, unless expressly provided otherwise in these Terms. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Csengmousse Tortamanufaktúra reserves all rights not expressly granted in these Terms.
The names, logos, product and service names, designs and slogans of Csengmousse Tortamanufaktúra are trademarks of Csengmousse Tortamanufaktúra or its affiliates or licensors. You may not use these trademarks without the prior written permission of Csengmousse Tortamanufaktúra. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners. -
SECTION – OPTIONAL TOOLS
As part of the Services, you may be granted access to customer tools offered by third parties that are not under our supervision, control or influence.
You acknowledge and agree that access to such tools is provided “as is” and “as available”, without any warranty, representation or condition of any kind, and without any endorsement. We assume no liability for any damages arising from or related to your use of optional third-party tools.
Any optional tools offered through the website may be used entirely at your own risk and discretion, and you must ensure that you are familiar with and accept the terms under which the relevant external providers make these tools available.
In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service. -
SECTION – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded features from third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access or visit. If you decide to leave the Services in order to access such materials or third-party websites, you do so at your own risk.
We assume no liability for any damages or losses related to accessing third-party websites, or purchasing or using products, services, resources or content found on third-party websites. Please carefully read the policies and practices of third parties and ensure that you understand them before carrying out any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the third party. -
SECTION – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store, therefore it should not be removed or modified.]
The Csengmousse Tortamanufaktúra store is powered by Shopify, which enables us to provide Services to you. However, all sales and purchases made by you in our Store take place directly through the Csengmousse Tortamanufaktúra store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Csengmousse Tortamanufaktúra, including any injuries, damages or losses arising from the purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to purchases and transactions made by you in the Csengmousse Tortamanufaktúra store. -
SECTION – PRIVACY POLICY
All personal data collected by us through the Services is subject to our Privacy Policy, which can be viewed here: [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
The Services are operated by Shopify, therefore Shopify collects and processes personal data in connection with your access to and use of the Services, in order to provide and improve the Services for you. Information that you send to the Services is forwarded to Shopify and shared with Shopify, as well as with third parties that may be located in a country different from your place of residence, in order to provide services to you. Please review our Privacy Policy [LINK] for further details on how we, Shopify and our partners use your personal data. -
SECTION – FEEDBACK
If you submit, upload, post, email or otherwise transmit any idea, suggestion, feedback, review, offer, plan or other content collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use. Based on this license, we may exercise our rights, for example, to operate, provide, evaluate, develop, improve and promote the Services, as well as to fulfill our obligations and exercise our rights set out in the Terms of Service.
You further represent and warrant that: (i) you own or possess all rights necessary for the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are not, now or in the future, obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We are entitled, but not obligated, to monitor, edit or remove Feedback that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that we believe infringes any party’s intellectual property rights or these Terms of Service.
You acknowledge that your Feedback must not violate the rights of third parties, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further acknowledge that your Feedback must not contain defamatory or otherwise unlawful, offensive or obscene content, and must not contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone else, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party. -
SECTION – ERRORS, INACCURACIES AND OMISSIONS
The Services may contain information that includes typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers, product shipping costs, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders without prior notice, including after the order has been placed, if any information is inaccurate. -
SECTION – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, either directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) in a way that violates international, federal, provincial or state regulations, rules, laws or local ordinances; (c) in a way that infringes or violates our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse materials that do not comply with these Terms; (g) to transmit or facilitate the sending of advertising or promotional materials, such as “junk mail”, “chain letters”, “spam” or other similar unsolicited messages; (h) to impersonate or attempt to impersonate another person or organization; or (i) to engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that, in our judgment, may harm the Csengmousse Tortamanufaktúra store, Shopify or users of the Services, or expose them to risk.
Furthermore, you agree that (a) you will not upload or transmit viruses or any other type of malicious code that could be used in a manner affecting the functionality or operation of the Services; (b) you will not reproduce, duplicate, copy, sell, resell or exploit any part of the Services for malicious purposes; (c) you will not collect or track the personal data of others; (d) you will not send spam, engage in phishing activities, redirect website traffic to a fake website (pharming), participate in pretexting, send search robots, crawl the website, or extract data from the Services; or (e) you will not interfere with or circumvent the security features of the Services or any related website, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms. -
SECTION – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time, without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that, by its nature, should remain in effect after termination. -
SECTION – DISCLAIMER OF WARRANTY
The information displayed in or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. You rely on this information strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may become aware of their contents.
EXCEPT AS EXPRESSLY SPECIFIED BY Csengmousse Tortamanufaktúra, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR CONDITION, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, THEREFORE THE ABOVE LEGAL DISCLAIMER MAY NOT APPLY TO YOU. -
SECTION – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Csengmousse Tortamanufaktúra, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBCONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, AMONG OTHERS, LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, RESTORATION COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, AMONG OTHERS, ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. -
SECTION – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Csengmousse Tortamanufaktúra store, Shopify, as well as our affiliates, partners, officers, directors, employees, agents, subcontractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees payable to any third party, arising from (1) your breach of these Terms of Service or the documents referenced therein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnification claim, provided that failure to provide prompt notice shall not relieve you of your obligations unless you suffer material prejudice. At your expense, we may control the defense and settlement of such claims, including the selection of legal counsel, however we will not settle any claim that imposes non-monetary obligations on you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by submitting relevant documents. -
SECTION – SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of the remaining provisions. -
SECTION – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision set out in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, as well as the policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals between us, whether oral or written, including, among others, any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted the agreement. -
SECTION – ASSIGNMENT
You may not delegate, assign or transfer this Agreement, or your rights or obligations under these Terms, without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer or delegate these Terms, as well as our rights and obligations, without your consent or notice. -
SECTION – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts of the jurisdiction where the registered office of Csengmousse Tortamanufaktúra is located. You and Csengmousse Tortamanufaktúra accept the venue and personal jurisdiction of these courts. -
SECTION – HEADINGS
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms. -
SECTION – CHANGES TO THE TERMS OF SERVICE
You may view the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. In accordance with applicable laws, we will notify you of any material changes to these Terms, and such changes will take effect on the date specified in the notice. If, after the posting of any modification to these Terms of Service, you continue to use or access the Services, this constitutes acceptance of the modifications.