These General Terms and Conditions, hereinafter GTC, lay down the rights and obligations of Wuuff Kft as the operator of the web site available at the web address of www.wuuff.dog (company register number: Cg.13-09-118887, registered office: 2132 Göd, Hunyadi utca 18.) - hereinafter: Service Provider - and the rights and obligations of Client making use of the electronic services - hereinafter: User.
1. SERVICE PROVIDER'S DATA
Name: Wuuff Kft.
Registered office: 2132 Göd, Hunyadi utca 18.
Company register number: 13-09-184810
Name of the authority registering Data Controller: Budapest Környéki Törvényszék Cégbírósága (Budapest Environs Regional Court)
Service Provider's tax identification number: 25843480-2-13
Service Provider's telephone number: +36 30 384-5524
Service Provider's web page: wuuff.dog
Service Provider's email address firstname.lastname@example.org
Data protection registration number: under registration
2. GENERAL INFORMATION
By starting using the web site, User implicitly accepts GTC and the Privacy Statement. By accepting GTC and the Privacy Statement, User confirms that he\she is familiar with their content, and agrees to be bound by them.
This GTC is effective from December 17th 2016 to the date of its revocation or update.
This GTC is available for reading on Service Provider's wuuff.dog web site, and can be downloaded by clicking on the link https://wuuff.dog/hu/aszf. Service Provider shall file this GTC. This GTC will be concluded only electronically by User's explicit acceptance and electronic signature. This GTC qualifies as a written agreement that is available and can be concluded only in Hungarian. Service Provider is not bound by any code of conduct.
The official language of the web site is English. All communication with the operator or making any demands shall only be done either in Hungarian or in English. This GTC will apply to all electronic services provided from the territory of Hungary and used in Hungary or abroad that take place through the advertising web page resided on wuuff.dog web site (hereinafter web site). The GTC will also apply to all transactions provided from the territory of Hungary and used in Hungary or abroad that are carried out between Parties defined in this contract. Purchases made on the web site are regulated by Act CVIII of 2001on certain issues of electronic activities and information society services (hereinafter Ektv.), and Chapter IV of Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and business operations transposing Consumer Rights Directive 2011/83 26.), Council and Act V of 2013 on the Civil Code of Hungary.
User may be any natural or legal person or organization without legal personality. Any visitor, registered or unregistered user of the Web Site will qualify as User.
Any registered User who, by making use of the Web Site, reserves or purchases a dog published in the advertisement will qualify as Customer.
Advertiser is a registered User who uploads an advertisement to the Web Site and who owns the advertised dog or who is commissioned by the owner to place the advertisement.
Only purebred dogs are allowed to be advertised on the Web Site. The advertiser shall guarantee that the advertised dog is healthy and has the vaccinations and papers adequate for its age.
3. USING SERVICES
The advertising page operated on the wuuff.dog web site is engaged in the advertising of dogs. The dogs published on the Web Site may be purchased on-line through the site or personally using the contact information provided by the Advertiser.
Any User may search the Web Site free of charge and contact Users who published advertisements. Any User may register on the Web Site and become entitled to advertise, purchase, and in the event of a successful transaction, evaluate the other party. Service Provider provides its Users with an advertising interface on the wuuff.dog web site to advertise live dogs on a continuous basis. User may place the live dog advertisements via the administrator interface provided by Service Provider free of charge. Browsing the Web Site, placing an advertisement on it, contacting the User (using the provided contact info) and searching the site are free of charge. User shall only make a payment if he/she reserves or purchases a dog through the Web Site (see: Prices).
4. REGISTRATION, ADVERTISING FREE OF CHARGE
User should simply click Register (Regisztráció) menu item, and fill in the form showing up. Service Provider informs User of the successful registration via email and sends an activation link to confirm registration. Users may delete their registration any time by sending a message to email@example.com email address. Or, after log in, Users may delete the registration in their own data sheet, provided they have no active advertisement recorded in the system. Upon receiving User's message, Service Provider shall promptly delete User's registration. When User's registration is deleted, User's data are immediately deleted from the system. This action, however, will not delete data and documents pertaining to former advertisements and purchases. Deleted data cannot be recovered. User shall undertake to provide authentic personal data during registration.
If the data provided by User prove to be false, Service Provider is entitled to delete the registration without any prior notice. Service Provider is entitled to exclude any User who repeatedly provides false or for whatever reason untrue data. In such an event, User is not entitled to claim for any damages, but on the other hand he\she will be obliged to pay for the damages suffered by Service Provider. Having registered on the Web Site, User will be entitled to place advertisements, reserve dogs for a period of 24 hours, and he\she will have the opportunity to make deposits or pay full purchase prices via the interface. User may place an unlimited number of advertisements on the Web Site. User may upload his/her advertisements through the administrator interface provided by Service Provider. User acknowledges that uploading an illegal advertisement may result in administrative procedures. User agrees that Service Provider may send automatic messages to User's email address of the confirmation, data, actual status of the advertisement uploaded onto the web site.
5. USER CONTENT, CONTENT OF ADVERTISEMENTS
User shall take unlimited and exclusive responsibility for the lawfulness of the content that he\she publishes on Service Provider's web site, including but not limited to the content of the advertisement and the attached pictures. User declares if he\she publishes any content protected by intellectual property rights, he\she possess the user rights necessary for publishing such works. With respect of such works, User shall pay all fees claimed under any title. User is directly responsible for any damage or infringement of rights suffered by Service Provider or any third party as a result of unlicensed or inappropriate content use.
6. DELETING OR RESTRICTING ADVERTISEMENTS
Service Provider is entitled to delete from its system without any prior notice any unlawful, distasteful or unsuitable data, pictures, information or deceitful, fake or for any other reason untrue advertisements or ads including hidden commercials.
Additionally, Service Provider is entitled to delete or reclassify the advertisement if the ad violates any of the provisions included in the below points or if any of these provisions are relevant for the ad:
7. AGENCY AGREEMENT PERTAINING TO PAYMENT
Services Provider provides an opportunity for User to reserve or purchase dogs through the web site on prices specified by the Advertiser.
Based on the commission given by Advertiser, Service Provider shall collect the deposit or the full purchase price of the dog advertised on the wuuff.dog web site from Customer using one of the payment methods defined in Point 8 of this GTC. Advertiser accepts this Agency Agreement by registering on Service Provider's administrative interface. Payment obligation arises only when the payment service of the web site is utilized with respect to a reserved or purchased dog on the web site. Only Advertiser is bound by this obligation. The payment service fee is 8 percent of the purchase price of the dog, but not less than HUF 8000. Service Provider shall issue an invoice for Advertiser which will be sent electronically via email.
Advertiser agrees that if a purchase transaction is successfully completed and confirmed, Service Provider will transfer the amount of purchase price or deposit decreased by the service fee to Advertiser's bank account. During the settlement of accounts, to avoid transferring monies back and forth, and to simplify the process, Parties agree that Service Provider shall deduct the service fee from the monies collected on Advertiser's behalf, and he shall transfer this decreased amount to Advertiser's bank account within 48 hours upon receiving the confirmation of the successful transaction.
Service Provider shall issue an invoice only of the service fee to Advertiser. Advertiser undertakes to issue an invoice or receipt of the full purchase price of the dog to Customer at the time of the handover. Service Provider provides all necessary data to Advertiser to issue the invoice.
Service Provider's payment service does not qualify and may not be considered as an escrow service, because in case of making use of the payment service, Service Provider provides guarantees to Customer with respect to the advertisements published on the web site.
8. PAYMENT METHODS AND CONDITIONS
When confirming the purchase submitted by Customer, Service Provider shall indicate the full purchase price defined by Advertiser or (in case of reserving) the accurate amount of deposit of the dog, that is the total amount to be paid. In the confirmation, Service Provider shall also indicate all necessary data, information that are essential to complete the payment transaction successfully (accurate total amount, information of the payment methods, purchase order ID number etc.). Customer may pay the deposit or the full purchase price to Service Provider in the following ways:
8/1. Payment by card:
The immediate payment of the full purchase price or deposit (at Customer's choice) can be executed through the Borgun system. The system uses secure channels and operates automatically. Borgun does not receive notifications of personal data and information pertaining to the subject of the purchase from Service Provider. Service Provider is not informed of the data content of the payment site, and it does not store such data. User's internet browser must support SSL encryption to be able to execute payments by card. A hold will be immediately placed for the amount indicated as the total amount of the order on User's bank account.
8/2. Payment by bank transfer:
In this case, Customer pays the full purchase price of the dog or the deposit (at Customer's choice) prior to the receipt of the dog by bank transfer to Service Provider's (Wuuff Kft.) bank account number 12010855-01583745-00100004 at Raiffeisen Bank. In case of transferring the payment in advance, Customer is entitled to receive the dog only after the transfer is credited to Service Provider's bank account of which Service Provider promptly notifies Customer and Advertiser. In case of a bank transfer, the payment's due date is 2 work days.
That date must be considered as the date of payment when the deposit or the full purchase price is credited on Service Provider's bank account. If Customer fails to meet his\her payment obligation on time and the deposit or the full purchase price is not credited on Service Provider's bank account until the due date specified by Service Provider,
Service Provider is entitled to withdraw from the contract. Service Provider shall inform Customer of the the withdrawal from the contract for reason of Customer's default with no delay via email.
9. RESERVATION, PURCHASE PROCESS
In order to reserve a dog for 24 hours, pay a deposit or the full purchase price for the dog, User shall register on the web site (see Point 4 for the steps of registration). User may reserve a selected dog of the list included on the web site for a period of 24 hours, or pay a deposit or the full purchase price for the dog.
9/1 Reservation for 24 hours
With the 24 hours reservation service, Service Provider gives User the opportunity to make the selected dog inaccessible for others by clicking on the 24 hours button. This feature is available free of charge for Users. Service Provider sends an email notification of the 24 hours reservation to Customer and Advertiser as well. This email notification includes the starting and closing time of the reservation, the ID of the advertisement, data of the Advertiser and a short description of the 24 hours feature. By uploading the advertisement, Advertiser acknowledges and consents to the use of 24 hours feature. Service Provider informs Advertiser via email that a 24 hours reservation was made on the dog. Service Provider calls Advertiser's attention to the reservation and gives Advertiser the opportunity to accept or reject the 24 hours reservation. If Advertiser reject the 24 hours reservation, Service Provider makes the dog accessible for all Users or deletes the advertisement if Advertiser indicates that the dog is already sold. Customer is informed electronically if Advertiser accepted or rejected the 24 hours reservation.
During this period, Customer has the opportunity to learn more of the advertised dog and agree with Advertiser of the payment method. When the 24 hours reservation period expires, Customer, at his own choice, either reserves or purchases the dog through the payment system of the interface, or Service Provider deletes the 24 hours reservation, and the dog will be available again to other Users, provided that Advertiser does not mark it as sold. Customer may use the 24 hours reservation only once with respect to a particular advertisement.
Users are notified of each step via email.
The registered User selects the desired dog from the list available on the Web Site, and clicks on Purchase (Vásárlás) button. User may pay a deposit or the full purchase price of the dog through the interface.
The amount of the deposit must be 25% of the purchase price of the dog, but not less than a minimum of HUF 20,000. Having successfully paid the deposit for the dog on the advertising site, Users may also pay the rest of the purchase price by clicking on My reserved dogs (Lefoglalt kutyáim) menu item.
The system will display the correct amount of the deposit and the full purchase price. User may pick the appropriate transaction and continue shopping. Before making a payment, Customer shall study and accept this GTC. The system automatically offers Customer the back-to-back technical steps required for concluding the contract. Customer may interrupt the process any time up to the point of submitting the order.
Prior to finalizing the purchase, Customer has the opportunity to review the data that he\she provided and correct errors. When Customer submits an order, it must be considered as a legal statement to conclude a contract. The contract concluded electronically comes into force when Service Provider's confirmation of the order is delivered to Customer. The contract concluded this way in Hungarian between Parties must be considered a written agreement. Service Provider shall file the contract and keep it for two years from the time of its conclusion. The price indicated as the total amount of the purchase will always mean a gross purchase price. The price will be indicated in the currency that User preselected.
Service Provider allows Advertiser to change the price of the dogs published on the advertising site. The change comes into effect simultaneously with its publication on the web site, and it will not apply to the price of the dogs reserved or purchased already. If, in spite of Service Provider's all care, incorrect prices are published on the web site, especially such obviously incorrect prices that greatly differ from the well-known, generally accepted or estimated prices, or prices such as HUF "0" or HUF "1" which could be the results of a system error, Advertiser is not obligated to sell the dogs on these incorrect prices. In such cases, Advertiser may offer selling on the correct price, and Customer, being aware of this price, may withdraw the order. Payment transactions are processed during the opening hours on week days from 8 am to 7 pm. Users may pay the deposit or the full purchase price beyond the period defined above.
If the payments are made after the opening hours, they will be processed the next day. After the payment transaction is completed, Customer receives an automatic system message including all the important information of the purchase and the unique ID of the transaction. The final confirmation of the purchase is sent after communicating with Advertiser. After the purchase is made, Service Provider shall notify Advertiser that the advertised dog was reserved or purchased.
Advertiser has 24 hours to indicate to Service Provider if the dog is still available or was sold to someone else. If the selected dog was sold to someone else or it is not for sale for some other reason, or if Advertiser does not send a confirmation within the given period of time, the reservation or the purchase will be deleted. Additionally, Service Provider will delete the advertisement of the given dog in the system of interface. Customer will be informed of every step by Service Provider via email. In this case, Service Provider shall fully refund the amount paid at the time of the order to Customer, except if Customer wants to select another dog. In this case, the already paid purchase price shall be set off against the purchase price of the newly selected dog. If the selected dog is available at Advertiser, Service Provider shall send the final confirmation of the purchase to Customer. Then Customer shall promptly contact Advertiser within 24 hours to finalize the purchase.
10. HANDOVER CONFIRMATION
Service Provider transfers the purchase price to Advertiser only after receiving Customer's confirmation of the successful handover of the dog. It is always Advertiser's responsibility to confirm the successful handover (agreement for sale and purchase, taking a photo etc.). Advertiser shall report the handover only through the electronic interface designed for this purpose. Simultaneously with the report, Advertiser also evaluates Customer on the electronic interface designed for this purpose. Service Provider and Customer are notified of the report via email.
The notification sent to Customer reminds Customer to confirm the successful receipt of the dog, and calls Customer's attention to evaluate Advertiser. By sending a confirmation of the successful handover, Customer acknowledges that the purchased dog looks healthy and has all the papers indicated in the advertisement and included in the purchase price. In case of purchasing a dog with a pedigree, Customer agrees that Advertiser will send the pedigree to him\her when it is prepared pursuant to Seller Code of Conduct.
Customer shall confirm the successful receipt of the dog within 48 hours from the receipt of the notification. If Customer fails to confirm the receipt by the given due date, Service Provider will suppose a successful handover, and payment will be automatically made to Advertiser.
11. USER EVALUATION
After Service Provider receives the confirmation of the successful handover of the dog, registered Users are given the opportunity to evaluate the other party of the transaction.
Evaluation is voluntary. Users can help other Users become more informed.
Users prepare their evaluations on a specific administrator interface. In the course of the evaluation, the system automatically offers some topics, which can be evaluated by marking the appropriate stars. Marking 5 stars means the best evaluation and consequently marking 1 star means the worst evaluation. After that Users may write evaluations using their own words. The tone of the evaluation could be positive or negative, but it may only refer to the dog, the handover of the dog or Users' behavior.
User shall form a well-founded opinion considering that his/her evaluation will be accessible for all Users and the evaluation may not be changed afterwards. User evaluation should be in writing and it may not include any abusive wording or expressions violating someone's rights relating to personality. Service Provider reserves the right to delete evaluations including such expressions.
User agrees that Service Provider may use the modified, moderated or translated content of the evaluations for promotional purposes. Users may indicate their complaints pertaining to the evaluations to Service Provider by using any of the contact details included in the GTC. Service Provider reserves the right to delete evaluations that received complaints and to suspend the right of the User who prepared the questionable evaluation to publish evaluations in the future.
12. REFUND POLICY
12/1 Conditions pertaining to canceling reservation
Customer may cancel his/her reservation of a dog within 24 hours from the time of reservation by selecting the appropriate dog and clicking on My reserved dogs (Lefoglalt kutyáim) menu item. In this case, Service Provider shall fully refund the deposit using the same payment method as Customer did. The fully refunded amount will be credited on Customer's bank account within 1-7 work days depending on the payment method. In case of unjustified cancellation after 24 hours, Customer acknowledges that the deposit will not be refunded. In case of cancellations after 24 hours, deposits will be refunded to Customer only in the following cases: If Customer requests to set off the already paid deposit against the deposit of another dog. Or, if the dog, that was reserved but not handed over yet, has any of the following health conditions:
If handover fails due to reasons attributable to Advertiser, Customer shall notify Service Provider within 24 hours from the failure of the handover. Service Provider shall refund the full deposit or purchase price to Customer, and enable Customer to evaluate Advertiser on the interface. Reasons that especially justify such cancellation:
12/2 Withdrawal of the demand for the double of the deposit
Customer acknowledges that dogs are living beings, and withdraws demanding the double of the deposit if Advertiser is unable to handover the agreed dog due to reasons not attributable to him.
Such reasons include without limitation:
In every case, Service Provider shall refund only the amount equal to the deposit.
Customer acknowledges that Advertiser is obliged to refund the double of the deposit only if he/she sold the selected dog to someone else. In this case, Customer may enforce his/her demand directly with Advertiser.
12/3 Conditions pertaining to keeping the deposit
If Customer cancels the reservation after 24 hours, Advertiser is entitled to keep the deposit, except for cases set forth in Point 11/1. If the full purchase price of the dog was paid, Service Provider shall refund the amount decreased by the deposit to Customer.
If handover fails due to reasons attributable to Customer, Advertiser is entitled to keep the deposit and may sell the dog to someone else. Service Provider will be entitled to delete the purchase.
The following cases qualify as contract breaches on part of Customer:
13. RIGHTS OF WITDRAWAL AND CANCELLATION, COMPLIANCE WITH REGULATIONS, IMPLIED WARRANTY
13/1 Rights of withdrawal and cancellation
Pursuant to Section 20 of Government Decree 45/2014 (II.26) on the detailed rules of distance contracts between consumer and undertakings, User has the right to withdraw from contracts and cancel contracts without justification with respect to services. With respect to the rights of withdrawal and cancellation, User as per this point will hereinafter mean a User who qualifies as consumer pursuant to the above act. Service Provider is able to meet the due dates defined in this GTC regarding the commencement of providing services, if User, in a separate statement issued prior to paying for the services, explicitly requests and gives consent to Service Provider to start providing services pursuant to this GTC prior to the expiration of the period (14 days) set forth in Article 20 (2) b) of the Government Decree. In this statement, User acknowledges that after the commencement of providing services, he/she may not exercise the right of withdrawal from the contract within 14 days from the date of concluding the contract, but he/she is entitled to cancel the contract without justification during the term of the contract until the complete performance of the service. After the complete performance of the service, User is not entitled to the right of cancellation.
Consumer may exercise his/her rights of withdrawal and cancellation by using the sample statement included in the Annex of this GTC or another declaration clearly stating the same intent. It is Consumer's responsibility to prove if he/she exercised the right of withdrawal or cancellation pursuant to this paragraph. If Consumer wants to exercise his/her right of withdrawal or cancellation, he/she shall send a clear declaration stating his/her intention, or the sample statement to the address included in Point 1 of this GTC (via email or regular mail).
13/2 Customer's statement regarding the commencement of providing services
By accepting this GTC, Customer makes a definite statement requesting Service Provider to start providing its secure payment services and Wuuff guarantee services within 14 days. Customer acknowledges that he/she will not be entitled to cancel the contract after the complete performance of the service.
13/3 Regulatory compliance and implied warranty
With respect to dogs published in the advertisements, Service Provider is not bound by regulatory compliance and implied warranty because Service Provider does not own these dogs. Advertiser is liable for Customer's such claims regarding the particular dog.
14. CUSTOMER SERVICE, MANAGING COMPLAINTS
Service Provider operates an electronic Customer Service to manage Users' feedbacks, investigate and remedy complaints and provide information to Users. Customer Service is available at the following email address: Address of the Customer Service: 1103 Budapest, Kőér utca 2. a. lház. Web address (URL): wuuff.dog Service Provider shall investigate the complaint with no delay and rectify it if necessary. If Customer is not satisfied with the way Service Provider addressed the complaint, Service Provider shall draw up minutes of the complaint and his position regarding the case with no delay, and send the minutes to Customer via email. If it is not feasible to investigate the complaint immediately, Service Provider shall draw up minutes of the complaint and send it to Customer via email.
Service Provider shall reply in writing to complaints sent to the above addresses within 30 days. If the complaint is rejected, Service Provider shall justify the reason for rejection. Service Provider shall keep the reply for 1 year, and produce it to the authorities controlling his activities.
15. DATA PROTECTION
Service Provider shall store data received from User only for specific purposes and only to perform the contract and to verify the conditions of the contract at a later date. Service Provider shall not disclose User's data to third parties, with the exception of the Card issuer, and except for third parties who act as Service Provider's subcontractors. Service Provider shall manage Customer's data by fully respecting the effective provisions of Act CXII of 2011 on Information Self-Determination and Freedom of Information (see: Privacy Statement).
The content of the web site serves only information purposes. User may use the web site at his/her own risk and on his/her own responsibility. Service Provider is not liable for any damage and not obliged to pay for such damages originating from the use of the web site and suffered by User or a third party.
Service Provider does not own the live dogs advertised on the web site. Service Provider just provides a secure payment service and an advertising interface among Users on the web site. Service Provider is liable only for these transactions.
Service Provider does not intervene in legal disputes between Users. User shall hold Service Provider harmless from all claims and damages in any disputes. Service Provider is not liable for any advertisements uploaded to the web site. Service Provider is not involved in the handover and shipping of the dog included in the advertisement, which are done as per Users' mutual agreement.
By submitting the order, User declares that he/she is familiar with Service Provider's General Terms and Conditions and Privacy Statement and acknowledges to be bound by them. Service Provider declares that the advertising web site operated by him, meets the security standards and does not pose risk for the users. Making purchases and advertising on the web site presupposes that User is aware of the technical limitations of the Internet and acknowledges the sources of error associated with the technology. Service Provider is not liable for any damages originated from the problems of connection to the web site. User is liable for the protection of his/her computer and the data stored on the computer.
Service Provider is not liable for damages caused by events beyond his control (force majeure) including but not limited to damages originating from the use or inoperability of the web site, modification of data by any person, late delivery of the information, computer viruses, software malfunctions, Internet network problems, other technical or system errors.
All data, information located in the web site and the design and structure of the web site as displayed on the web site are protected by copyright. Using these elements without the permission of the copyright owner could be a violation of intellectual property laws and other regulations. No one is allowed to change, reproduce, publish, present or any way use for commercial purposes the materials located on the web site without copyright owner's permission.
Service Provider is entitled to change the conditions of this GTC unilaterally any time. The amendment comes into force at the time of its publication on the web site. If any points of this GTC is found to be invalid, that point will not affect the validity of the entire GTC. In this case, Parties will replace the invalid point with a valid agreement with no delay according to their original intention at the time of concluding the contract.
Parties state that they will intend to settle their disputes arising from this GTC peacefully.
Concluding parties will attempt to settle their disputes pertaining to this contract by mutual agreement. If they fail to reach agreement this way, Parties agree that the disputes will be exclusively decided by the Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry, Budapest in accordance with its own Rules of Proceedings.
This contract qualifies as an arbitration agreement with respect to Act LXXI of 1994 on Arbitration. Parties agree that the number of arbitrators will be one and the Arbitration Court will proceed according to its Rules of Proceedings.
This GTC and the legal relations based on the contract are governed by the laws of Hungary. All issues not stipulated in this GTC will be governed by the applicable laws of Hungary.
Budapest, December 17th 2017.
Annex No 1: Sample Cancellation Statement To: I undersigned ................................. declare to exercise my right of cancellation with respect to the contract pertaining to the provision of the following services. Date of conclusion of the contract pertaining to payment services: Consumer's name: Consumer's address: Consumer's signature (only in case of submitting the statement on paper) Consumer shall reimburse Service Provider's reasonable costs, if the performance was made at Consumer's expressed prior request, and if Consumer exercises the right of cancellation after the start of performance.
Consumer may not exercise the right of cancellation with respect to contracts pertaining to providing services (in this case payment services) after the complete performance of the service, if Service Provider started performing the service at Consumer's expressed request and with his prior consent. Consumer acknowledges that he/she will not be entitled to the right of cancellation after the complete performance of the service.