General Terms and Conditions
Valid from 20.03.2020
GENERAL TERMS AND CONDITIONS – CASINO MOCCA
Welcome to the website of Casino Mocca Trading and Services Ltd. where you will have the opportunity to order high quality roasted coffee beans!
These General Terms and Conditions (hereinafter referred to as “GTC”) contain the terms and conditions of use of the service available on the website www.casinomocca.com (hereinafter referred to as “Website”) by the user (hereinafter referred to as “Customer”).
If you wish to become a customer or an active user of the Website, please read carefully our General Terms and Conditions (hereinafter referred to as “GTC”) and only use our service (order, subscription, purchase) if you agree with all its points and consider them binding on you.
In case of any questions regarding the operation of the Website, the ordering and delivery process, we are at your disposal on the Website or at the contact details provided in 1.
Please be informed that these GTCs may set out different terms and conditions for natural persons acting outside the scope of their profession, self-employment or business activity (hereinafter referred to as the “Consumer”) as a Buyer in certain points compared to the provisions that also apply to businesses. In this case, the Consumer shall be subject to the different rules.
The technical information necessary for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.
The language of the contract is English.
The service is only available in Hungary.
The order placed on the Website is not in writing, but constitutes a declaration of implied conduct, and therefore the contract concluded electronically between the Customer and Casino Mocca does not constitute a written contract, is not filed by Casino Mocca and is not accessible and cannot be viewed afterwards.
Casino Mocca is not subject to the provisions of any code of conduct.
Orders may only be placed electronically via the Website. No orders can be placed by fax, telephone, e-mail or letter, and orders received in this way cannot be fulfilled by Casino Mocca.
By using the Website, the Customer acknowledges and accepts the terms and conditions of these GTC.
- SERVICE PROVIDER OR CASINO MOCCA
|Casino Mocca’s name is||Casino Mocca Ltd.|
|Registered office.:||1117 Budapest, Hunyadi János út 3.|
|Registering Court:||Metropolitan Court of Budapest|
|Company registration number:||01-09-996420|
|Depot provider:||Rackforest Ltd.|
- ACTIVITY OF THE WEBSITE – SALE OF ROASTED COFFEE BEANS
The purpose of the Service is to sell to users the products of the website www.casinomocca.com and to publish relevant content related to the products and the subscription offered by Casino Mocca, which is a package of high quality roasted coffee beans delivered to subscribers every two weeks or every four weeks. The coffee subscription is delivered every second or fourth week with different content. Subscriptions are of fixed length, with 24-week and 48-week versions available.
The Customer may use the Website solely at his/her own risk and agrees that Casino Mocca shall not be liable for any material or non-material damage arising from the use of the Website, other than for intentional, grossly negligent or criminal breach of contract, or for damage to life, limb or health.
Casino Mocca excludes all liability for the conduct of the users of the Website and that the Customer is fully and solely responsible for his/her own conduct.
The Customer shall ensure that the use of the Website does not infringe, directly or indirectly, the rights of third parties or the law.
The Customer is fully and exclusively responsible for its own conduct, in which case Casino Mocca will cooperate fully with the competent authorities in order to detect any infringements.
Casino Mocca shall have the right, but not the obligation, to monitor any content that Users may make available through the use of the Website (e.g. comments) and Casino Mocca shall have the right, but not the obligation, to look for indications of illegal activity in respect of any content posted and shall not be liable for such indications.
Casino Mocca has the right, but not the obligation, to monitor any content that may be made available by users through the use of the Website and Casino Mocca has the right, but not the obligation, to look for indications of illegal activity in relation to any content posted.
The pages of the Service may contain links to other providers’ sites. Casino Mocca is not responsible for the privacy practices or other activities of such service providers.
Due to the global nature of the Internet, the Customer agrees to comply with the provisions of applicable national laws when using the Website. To the extent that any activity associated with the use of the Website is not permitted under the laws of the Customer’s country, the Customer shall be solely responsible for such use.
If the Customer discovers any objectionable content on the Website, he/she shall immediately notify Casino Mocca. If Casino Mocca, acting in good faith, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay
The entire Website (texts, images, graphics, etc.) is protected by copyright and may not be copied, modified or distributed for commercial purposes.
The Site as a whole, its graphic elements, text and technical solutions and the elements of the Service are protected by copyright or other intellectual property rights (including, in particular, trademarks). Casino Mocca is the copyright owner or the authorised user of all content displayed on the Website and in the provision of the Services accessible through the Website: any copyright or other intellectual property (including, but not limited to, all graphics and other materials, the layout and design of the Website, the software and other solutions, ideas and implementations used).
The saving or printing of the contents of the Website, or any part thereof, on any physical or other medium for private use is only permitted with the prior written consent of Casino Mocca. Any use other than for private purposes, such as storage in a database, transmission, publication or downloading, commercialisation, etc., is only possible with the prior written consent of Casino Mocca.
Except for the rights expressly granted in these GTC, no use of the Website or any provision of these GTC shall grant the User any right to any use or exploitation of any trade name or trademark contained on the Website. Except for the display, temporary reproduction and private copying of the Website for its intended use, such intellectual property may not be used or exploited in any form without the prior written permission of Casino Mocca.
Casino Mocca reserves all rights to all elements of its service, in particular to the domain name www.casinomocca.com, its sub-domains, all other domain names occupied by Casino Mocca, its sub-sites and its Internet advertising space. Any activity aimed at delisting, organizing, archiving, hacking, decrypting the source codes of the Casino Mocca database is prohibited, unless specifically authorized by Casino Mocca.
It is forbidden to modify, copy, add new data or overwrite existing data in the Casino Mocca database by bypassing the interface or search engines provided by Casino Mocca, without a separate agreement or without using the service provided for this purpose.
- SHOPPING ON THE WEBSITE
The content of the Website is available to any Customer without registration, but registration will store shipping and billing information to facilitate future purchases. Registration can be accessed by clicking on “My Account” at the top of the website, where you can view previous orders and change your personal details.
You can register by filling in the registration form in the “Registration” menu and clicking on the “Register” button. In the registration interface, the Customer is required to provide the following information to Casino Mocca:
- Email address
- Phone number
Billing details such as
- Billing address: city, postcode, street name, house number, country
- Company customer in case of tax number
On the Website, the default setting is for the billing and shipping address to be the same, with the checkbox ticked. If the billing and shipping addresses are not the same, the Customer has the option to enter the shipping address by clicking on the checkbox (unchecking the box).
Casino Mocca shall not be liable for any delivery delays or any other problems or errors resulting from the Customer’s incorrect and/or inaccurate information. Casino Mocca shall not be liable for any damages resulting from the Customer forgetting his/her password or from the password becoming available to unauthorized persons for any reason not attributable to Casino Mocca. Casino Mocca treats each registration as a single individual. It is possible to change previously recorded data after logging in, in an interface accessible by clicking on “My Account”, which may also affect active order data. Casino Mocca shall not be liable for any damages or errors resulting from the Customer’s alteration of the registered data.
Following successful registration, the Customer can log in to the Website by entering his/her login details (e-mail address, password) under the “Login” menu item
The Customer is solely responsible for keeping user access data (in particular passwords) confidential. If the Customer becomes aware that the password provided during registration has been accessed by an unauthorised third party, he/she shall immediately change his/her password and, if it is suspected that the third party is misusing the password in any way, he/she shall notify Casino Mocca at the same time.
The Customer undertakes to update the personal data provided during registration as necessary to ensure that it is up-to-date, complete and accurate.
Order / Purchase Procedure
Select the product. Click on the product image or name to read a detailed description of the product.
Click on the “Add to cart” option to add the product to your cart. The updated contents of your shopping basket will always be displayed in “Contents of your basket”, so you can keep track of what’s in your shopping basket.
By clicking on the ‘Shopping Cart’ icon in the top right-hand corner of the website, you can view the contents of your shopping cart in detail. Here you can also change the quantities in your order or delete items.
If you do not wish to add any more items to your shopping basket, you can click on the ‘Add to basket’ button to go to the 2nd stage of the ordering process, ‘Enter details, Payment and Order’. Here you can enter the details required for your purchase.
You will then be asked to enter the details required for billing (company name, surname, first name, tax number, e-mail, telephone) and the details required for invoicing (country, city, street, postcode, postcode). If the delivery address is different from the billing address entered above, please tick the box to indicate your intention to enter the new address and then enter the correct delivery address in the text boxes that appear.
You can set up your shipping/delivery and payment options in the ORDER summary.
After clicking on the “Place Order” button at the bottom of the page, the Customer can submit the final order. The Service Provider will send a confirmation of the success of the order to the Customer, where the Customer’s order number will also be indicated. The order is therefore dispatched by clicking on the “Dispatch Order” button, which gives rise to a payment obligation for the Customer.
- Subscription (order) process
The subscription procedure:
- Registration as described in section 4.1. or login by clicking on “Login”.
- Select the content of the subscription and click on “Subscribe”.
- The shopping cart interface will be displayed, where the Customer, if everything is correct, can click on “Continue to data” to fill in the subscription form that appears and then click on “Continue to checkout”.
- In the “Payment” interface, the Customer must accept the terms and conditions of these Terms and Conditions by ticking the checkbox. If the Customer does not accept, his/her order cannot be sent to Casino Mocca. By clicking on the “Subscriptions” button at the bottom of the page, the Customer will send his/her order permanently. After clicking on the “Subscriptions” button, the Customer will be redirected to the Barion site where the subscription fee will be paid.
The placing of the order, i.e. the subscription, is therefore carried out by clicking on the “Subscriptions” button, which gives rise to a payment obligation for the Customer.
If the system has successfully received the subscription order, Casino Mocca will automatically send a confirmation email to the Customer
The subscription will become effective after the Customer has indicated his/her wish to do so and after the full amount of the subscription has been credited to his/her bank account.
Other: customer coupon acceptance, possible during the order process.
- Conclusion of contract, binding offer, confirmation
The contract may be concluded in Hungarian. The placing of the order shall be deemed to be a contract concluded by electronic means, subject to the provisions of Act CVIII of 2001 on certain aspects of electronic commerce services and information society services. Act CVIII law shall apply mutatis mutandis. The contract is subject to the provisions of the Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
The Customer will receive an automatic confirmation e-mail within 48 hours of receipt of the order to the e-mail address provided, by which Casino Mocca accepts the Customer’s offer, upon receipt of which the contract between the Parties will be concluded. After receipt of the order, Casino Mocca will contact the User by telephone to clarify the order and to agree on the details, if necessary.
Casino Mocca will inform the Customer within 48 hours of the confirmation of his order. If the Customer does not receive this confirmation within 48 hours, the Customer shall be released from his/her obligation to make an offer and shall not be obliged to use the subscription ordered.
The confirmation e-mail shall contain the data provided during the ordering process, the order details, the price of the subscription ordered, the payment and delivery methods, the order serial number and, in addition, any comments made by the Customer in relation to the order.
- Subscription fee
The Customer can order a coffee subscription (with high quality roasted coffee beans) for a period of 24 weeks or 48 weeks, in sizes S, M or L. The exact amount of the subscription is always available to the Customer on the Website and can only be paid via the Barion system by credit card.
- 24 or 48 weeks subscription
By choosing a 24 or 48-week subscription, the Customer orders the coffee subscriptions (with high quality roasted coffee beans) currently advertised on the Website – in the chosen version (S, M or L). The Customer can order several subscriptions at the same time. The Customer can order several subscriptions at the same time.
- In clause 4.4.2 termination of the subscription provided for
It is possible to cancel the subscription if the Customer does not wish to use the service for any period of time, does not wish to receive a coffee subscription (with high quality roasted coffee beans). The Customer can set this by logging into their account and clicking on the ‘Pause Subscription’ button. As long as the subscription is paused, Casino Mocca will not send the current pieces of coffee subscription until the subscription is reactivated.
If the Customer reactivates the subscription, the service will continue to be provided for the subscription period remaining at the time the pause was set.
- Fixed term subscription
In the case of a fixed term subscription (24 and 48 weeks), the Customer shall pay the periodic subscription fee to Casino Mocca in one lump sum in accordance with the terms set out in clause 4.6.
- Cancellation of a subscription for a fixed term or as provided for in clause 4.4.2
Cancellation or termination is possible as set out in clause 4.2.
The subscription fee displayed on the Website is shown gross of VAT and other public charges.
The subscription price is indicated in Hungarian Forints (HUF).
The total amount payable includes all charges based on the order summary and confirmation letter.
Casino Mocca will issue an electronic invoice to the Customer upon payment of the subscription fee.
- Payment – Bank card
The Customer can pay the Service Fee via the Barion system by credit card. Online credit card payments are made through the Barion system. Credit card details are not transmitted to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.
Visa, Visa Electron, Mastercard, Maestro, American Express.
- Payment – Bank transfer
In this case, the Customer shall pay the price of the ordered products prior to their delivery or collection by bank transfer to the Service Provider’s bank account number 10403363-50526681-67571003 with K&H Bank. In case of advance payment, the order number must always be indicated in the comment field. In case of advance payment, the Customer is entitled to receive the ordered products only after the transfer has been credited. The Service Provider shall deliver or send the ordered parcel to the courier service only after the purchase price has been credited to the account of the Customer. In any case, wait for the Service Provider to confirm the order and do not initiate the transfer until then.
The system uses a secure channel and is automatic. Financial Casino Mocca only receives the card details provided by the Customer for the payment transaction on the payment page with 128-bit SSL encryption. No personal data relating to the order and information about the content of the purchase will be communicated to Casino Mocca Financial by Casino Mocca. On the other hand, the payment page data content is also not communicated to Casino Mocca and can only be accessed by the financial Casino Mocca. The result of the transaction will be communicated to the financial Casino Mocca after the payment has been made. For payment by card, the Internet browser of the Customer must support SSL encryption. The amount paid as the total amount of the order will be immediately blocked in the Customer’s current account.
- Delivery: Courier service
Upon receipt of the product (packet of high quality roasted coffee beans), the Customer must check that the product (packet of high quality roasted coffee beans) is undamaged. If the Customer notices any damage to the packaging, the Customer may request the courier to take a report or return the package to Casino Mocca.
If the packaging or the product (package with high quality roasted coffee beans) is visibly damaged at the time of receipt and the damage occurred prior to the receipt of the goods, Casino Mocca will provide the return or replacement of the product free of charge. Casino Mocca is not liable for any damage discovered after receipt!
If the Customer is not at the delivery address at the specified time and the parcel is not received, the courier will leave a notice at the delivery address. The number on the notification will allow the Customer to contact the courier service to specify or arrange a new delivery address and time. The courier service will attempt to deliver the ordered products (a package of high quality roasted coffee beans) 1 additional time.
The courier service will attempt delivery twice in total, however, if the 2nd delivery is unsuccessful for reasons attributable to the Customer, Casino Mocca will only attempt the 3rd delivery again if the Customer pays the delivery fee to Casino Mocca by bank transfer and the delivery fee is credited to Casino Mocca’s account. The delivery fee is included in the price of the product, and Casino Mocca will only charge an additional fee if the 2nd delivery fails due to the fault of the Customer.
No partial delivery can be requested or fulfilled.
Upon receipt of the product, the Customer must verify without delay that the quality and quantity of the product (package of high quality roasted coffee beans) is satisfactory.
- Personal delivery
Casino Mocca offers the possibility of personal collection of the packages on Mondays (except on public holidays) between 16:00 and 18:00 at its premises at 1117 Budapest, Hunyadi János út 3. Building G.
- Transport costs
The price of the product includes delivery charges. In the event that the delivery fails due to the fault of the Customer, as set out in clause 5.7.1, Casino Mocca will charge a gross delivery fee of HUF 1500 for the 3rd delivery.
- Delivery deadline
The delivery of the package will be made on the subscription rotation following the redemption or renewal of the subscription, and the packages will be delivered to the courier service on the Tuesday of every 2nd week (except on public holidays). From this date, no earlier delivery can be requested. The Customer may only request a later delivery if he/she knows that he/she will not be able to collect the parcel during that period.
Unless otherwise agreed by the parties, Casino Mocca is obliged to provide (deliver) the product (surprise package with high quality coffee content) to the Customer without delay after the conclusion of the contract, but no later than 30 days.
In the event of delay by Casino Mocca, the Customer shall be entitled to set a grace period.
If Casino Mocca does not perform within the grace period, the Consumer is entitled to withdraw from the contract.
The Consumer shall be entitled to withdraw from the contract without setting a grace period if
- Casino Mocca has refused to perform the contract; or
- the contract should have been fulfilled at the specified time of performance, and not at any other time, by agreement of the parties or by the recognisable purpose of the service.
- RIGHT OF WITHDRAWALAND TERMINATION
The provisions of Clauses 5.1 and 5.2 apply only to natural persons acting outside the scope of their profession, self-employment or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as the Consumer).
- Right of withdrawal
If the Consumer has ordered the service under a 24- or 48-week subscription excluding automatically renewable 24- or 48-week or fixed-term subscriptions, the Consumer may exercise his right of withdrawal as follows. If the Consumer has ordered a subscription for 24 or 48 weeks and changes his mind in the course of the performance, he may cancel his subscription for the remaining part of the subscription in accordance with clause 5.2.
The consumer is the contract governed by the detailed rules on contracts between consumers and businesses in accordance with the provisions of Decree 45/2014 (II.26 Government Decree No. 45.14 of the Consumer’s Code of Conduct for the
- Sale of Goods,
- the last delivered product in the case of a contract for the sale of a product,
- the last delivered batch or piece in the case of a contract for the supply of several products, if the product is to be supplied regularly within a specified period, the first service,
- the day of receipt of the product by the Consumer or a third party other than the carrier designated by the Consumer, within fourteen (14) days of the date of the first service.
The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
If the Consumer wishes to exercise the right of withdrawal, he/she must send a clear statement of his/her intention to withdraw (e.g. by post or electronic mail) to Casino Mocca using the contact details indicated in section 1 of these GTC. To this end, the Consumer may use the model withdrawal form available at the link below or may use it to notify Casino Mocca of his/her intention to withdraw by email.
Download a sample withdrawal/cancellation notice in [pdf] format: [pdf]
The Consumer may exercise his/her right of withdrawal within the time limit if he/she sends his/her withdrawal notice to Casino Mocca before the expiry of the time limit indicated above.
The Consumer shall bear the burden of proving that he/she has exercised his/her right of withdrawal in accordance with the provisions set out in clause 5.
In either case, Casino Mocca will acknowledge receipt of the Consumer’s withdrawal by e-mail without delay.
In the case of a written withdrawal, it shall be deemed to have been validated in due time if the Consumer sends his/her declaration to this effect to Casino Mocca within 14 calendar days (up to and including the 14th calendar day).
In the case of notification by post, the date of posting shall be taken into account by Casino Mocca for the calculation of the time limit, in the case of notification by e-mail, the date of sending the e-mail The Consumer shall post his/her letter by registered mail in order to provide credible evidence of the date of dispatch.
In the event of withdrawal, the Consumer shall return the ordered product to the address of Casino Mocca indicated in point 1 without undue delay, but no later than 14 days from the date of communication of his/her withdrawal. Given that the Consumer is not placing an order for a specific product, but is ordering a surprise bag, he/she may exercise his/her right of withdrawal for the entire duration of the order. He can therefore exercise his right of withdrawal only if he returns all the products in the surprise bag.
The time limit is deemed to have been observed if the Consumer sends (posts or delivers to the courier service ordered by the Consumer) the product, the box containing the high quality coffee, before the 14-day time limit has expired.
The cost of returning the product to the address of Casino Mocca shall be borne by the Consumer, unless Casino Mocca has agreed to bear such costs. However, Casino Mocca does not assume the responsibility or cost of returning the product to the Consumer. Casino Mocca shall not be entitled to accept any parcel returned by cash on delivery. Other than the cost of returning the product, the Consumer will not be charged any other costs in connection with the cancellation.
If the Consumer withdraws from the contract, Casino Mocca will reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 days after receipt of the Consumer’s notice of withdrawal, except for any additional costs incurred because the Consumer has chosen a transport method other than the cheapest usual transport method offered by Casino Mocca. Casino Mocca shall be entitled to withhold the refund until it has received the product back or the Consumer has provided credible proof that he has returned it, whichever is the earlier.
For the refund, Casino Mocca will use the same payment method as the one used for the original transaction, unless the Consumer expressly agrees to use a different payment method; no additional costs will be incurred by the Consumer as a result of using this refund method.
The Consumer shall only be held liable for the depreciation of the product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product. Casino Mocca may therefore claim compensation for the depreciation of the product resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product, or for its reasonable costs, if it has begun performance of the contract for the provision of services at the express request of the Consumer before the expiry of the time limit and exercises its right of termination.
6.2. The Consumer shall not have the right to withdraw from the contract in the case of a product not prefabricated by Casino Mocca, which has been produced by Casino Mocca on the instructions of the Consumer or at the express request of the latter, or in the case of a product that has been clearly personalised for the Consumer.
- Right of cancellation – 24 or 48 week subscription for a fixed term
Pursuant to Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer, being a consumer, may exercise his right of termination within 14 days from the date of conclusion of the contract for the provision of a service.
If, at the request of the Consumer or with his/her consent, Casino Mocca has started the performance of the contract, but subsequently, the Consumer does not wish to continue the contract within a period of 14 days from the date of conclusion of the contract, he/she has the right to terminate the contract within 14 days, unless the Consumer has accepted that he/she will lose his/her right of termination upon the start of the performance.
However, the Consumer shall not have the right to terminate a contract for the provision of a Service after the Service has been fully performed, if Casino Mocca has commenced performance with the Consumer’s express prior consent and the Consumer has acknowledged that he/she will lose the right to terminate the contract after the Service has been fully performed. The Consumer may give or withhold his/her express prior consent through the Website. To do so, the Consumer need do no more than tick the checkbox in the ordering interface under the heading “I agree that, following my payment, Casino Mocca will start providing the Service to me immediately, before the expiry of the 14 days (notice period), I am aware that I will lose my right to terminate my consent”, thereby clearly indicating to Casino Mocca his/her intention to request the provision of the Service immediately.
If the Consumer has consented to Casino Mocca commencing the provision of the Service to him/her before the expiry of the 14 day period and exercises his/her right of termination after the commencement of the provision, the Consumer shall be liable to pay a pro rata fee for the use of the Service. The amount payable by the Consumer on a pro rata basis shall be calculated by Casino Mocca on the basis of the total amount of the fee for the relevant Service plus tax.
The subscription may therefore be terminated:
- if the Consumer has already paid the subscription amount and no instalment of the subscription has yet been paid by Casino Mocca, the Consumer may request in writing to cancel the subscription and receive a refund of the amount, which will be returned in full to the Consumer by Casino Mocca within 14 working days.
- If the subscription has entered into force and the coffee subscription has been delivered, the Consumer is only entitled to the subscription fee for the remaining occasions. This means that you will no longer be able to refund the price of the coffee subscription already delivered by Casino Mocca.
The Consumer must send a clear statement of his/her intention to cancel (by post, fax or electronic mail) to any contact at Casino Mocca. For this purpose, the Consumer may also use the model notice of termination available via the link below. The Consumer may exercise his right of termination within the time limit by sending his declaration to Casino Mocca within 14 calendar days.
Download a sample withdrawal/cancellation notice in [pdf] format: [pdf]
Alternatively, you can cancel your subscription by logging into your account and clicking on the ‘Cancel Subscription’ button. The Consumer will receive a confirmation email that he has successfully cancelled his subscription. If this does not happen within a few hours, please contact Casino Mocca at email@example.com.
The cancellation is not retroactive, but terminates the contract for the future, so that the Consumer is only entitled to a pro-rata refund of the subscription fee paid by him, depending on the proportion of the service already provided by Casino Mocca.
The settlement with Casino Mocca shall be based on the total fee for the service (plus tax), which shall be compared to the amount of the service already used.
The Consumer loses his right to terminate the contract once Casino Mocca has provided the entire service.
Casino Mocca will immediately acknowledge receipt of the Consumer’s cancellation by email.
In the case of written withdrawal, it shall be deemed to have been validated in due time if the Consumer sends his/her declaration to this effect to Casino Mocca within 14 calendar days (up to the 14th calendar day)
In the case of notification by post, the date of posting, in the case of notification by e-mail or fax, the date of sending the e-mail or fax shall be taken into account by Casino Mocca for the purpose of calculating the time limit. The Consumer shall post his/her letter by registered mail so that the date of dispatch can be credibly proven.
If the Consumer exercises his right of termination, Casino Mocca will refund all or a proportionate part of the consideration paid by the Consumer without delay, but no later than 14 days after receipt of the Consumer’s notice of termination.
The refund will be made by Casino Mocca using the same payment method as the original transaction, unless the Consumer expressly agrees to a different payment method; no additional costs will be incurred by the Consumer as a result of using this refund method.
Casino Mocca may claim the reimbursement of its reasonable costs if it has begun performance of the contract for the provision of services at the express request of the Consumer before the expiry of the time limit (14 days) and the Consumer subsequently exercises his right of termination.
The Consumer shall not have the right of termination:
- in respect of digital content provided on a non-tangible medium, if the undertaking has begun performance with the express prior consent of the Consumer and the Consumer has, at the same time as giving his consent, acknowledged that he will lose his right of termination once performance has begun.
- in the case of a contract for the provision of a Service, after the Service has been performed in its entirety, if Casino Mocca has commenced performance with the express prior consent of the Consumer and the Consumer has acknowledged that he/she will lose his/her right of termination after the Service has been performed in its entirety.
- WARRANTY, GUARANTEE
- Product Warranty
Product warranty shall only apply in the event of a defect in movable goods (product). In this case, the Customer, who is the Consumer, may, at his option, exercise his right under clause 7.1 or claim under the product warranty.
As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
A product shall be deemed defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
The Buyer may claim under the product warranty within two (2) years from the date on which the product was placed on the market by the manufacturer. After this period has expired, this right shall be lost.
The Buyer may only exercise his product warranty claim against the manufacturer or distributor of the movable item.
In the event of a product warranty claim, the User must prove that the product is defective.
The manufacturer (distributor) shall only be exempted from its product warranty obligation if it can prove that:
- the product was not manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer (distributor) need only prove one ground for exemption.
However, in the event of a successful product warranty claim, the Buyer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
The mandatory warranty for certain consumer durables is governed by Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.
The mandatory warranty period for the durable consumer goods listed in the Annex to the Government Decree is 1 year, starting from the date of delivery of the product to the Consumer or, if the installation is carried out by Casino Mocca or its agent, from the date of installation.
However, Casino Mocca does not sell any product of the type covered by the Government Order, nor does it provide any contractual or voluntary warranty for its products.
Notwithstanding the foregoing, the Customer shall be entitled to the rights set out in clauses 6.1 and 6.2.
The absence of a warranty shall not affect the Customer’s statutory rights, in particular the right to claim for accessories, product warranty and damages.
- Enforcement of warranty and guarantee claims
The Customer may assert his warranty and guarantee claims using the contact details specified in Section 1:
In the event of a dispute between the parties which cannot be settled amicably, the Customer may initiate conciliation proceedings, as set out in clause 7.2.
- ENFORCEMENT OPTIONS
- Place, time and manner of lodging a complaint
The Customer may submit any consumer complaints regarding the product or the activities of Casino Mocca to the contact details set out in section 1:
Casino Mocca will, if it has the opportunity to do so, promptly remedy the oral complaint. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint or if the Customer does not agree with the handling of the complaint, Casino Mocca will keep a record of the complaint for a period of five years, together with its substantive response to the complaint.
Casino Mocca shall provide a copy of the record to the Customer on the spot in the case of a verbal complaint communicated in person (at the premises) or, if this is not possible, in accordance with the rules for written complaints detailed below.
Casino Mocca shall send a copy of the minutes of the oral complaint communicated by telephone or other electronic communication service to the User no later than the time of the substantive reply.
In all other cases, Casino Mocca will proceed according to the rules applicable to written complaints.
Complaints recorded by telephone or other means of communication will be provided by Casino Mocca with a unique identifier, which will facilitate the subsequent tracing of the complaint.
Casino Mocca will provide a substantive response to a written complaint within 30 days. The action shall be deemed to be a postal delivery for the purposes of this Agreement.
In the event of rejection of the complaint, Casino Mocca will inform the User of the reasons for the rejection.
- Other means of redress
In the event that any consumer dispute between Casino Mocca and the Customer is not resolved through negotiations with Casino Mocca, the following enforcement options are available to the Customer
- Complain to the consumer protection authority
If the Consumer perceives a violation of his/her consumer rights, from 1 January 2017, the Consumer may lodge a complaint primarily with the competent district offices. Once the complaint has been examined, the authority will decide whether to proceed with the consumer protection procedure.
Contact details of the competent territorial consumer protection authority in Casino Mocca:
Budapest Capital Government Office
Technical, Licensing and Consumer Protection Department, Consumer Protection Division
Address: 1052 Budapest, Városház u. 7.
Postal address: 1364 Budapest, PO Box 144.
Phone number: +36-1 450-2598
List of territorial authorities: http://fogyasztovedelem.kormany.hu/teruleti
- Dispute settlement via the European Union’s online dispute settlement platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
In the event of a consumer dispute relating to an online sales contract, consumers can settle their disputes, including cross-border disputes, electronically by submitting an electronic complaint through the online platform available via the link above.
To do so, consumers simply register on the online platform available at the link above, fill in a complete application form and submit it electronically to the Conciliation Board via the platform. This makes it easy for consumers to enforce their rights, despite the distances involved.
- Initiating a conciliation body procedure
Contact the Conciliation Boards:http://www.bekeltetes.hu/index.php?id=testuletek
If Casino Mocca rejects the Customer’s complaint, the Customer is also entitled to refer the matter to the Conciliation Body competent for the place of residence or domicile: the initiation of the Conciliation Body’s procedure is subject to the Customer’s direct attempt to settle the dispute with Casino Mocca.
The Conciliation Body shall be competent to settle consumer disputes out of court. The conciliation body shall be responsible for attempting to reach a settlement between Casino Mocca and the Customer with a view to resolving the consumer dispute.
The conciliation body’s proceedings are initiated at the request of the consumer. The request must be submitted in writing to the President of the conciliation body.
The competent body according to the location of Casino Mocca is the Budapest Conciliation Board.
The Budapest Conciliation Board
Headquarters: 1016 Budapest, Krisztina krt. 99. III. floor 310.
Postal address: 1253 Budapest, PO Box 10.
E-mail address: firstname.lastname@example.org
Fax: 06 (1) 488 21 86
Telephone: 06 (1) 488 21 31
Casino Mocca is subject to a duty of cooperation in the conciliation procedure.
For the purposes of the rules applicable to the Conciliation Board, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.
- Initiation of legal proceedings.
The customer has the right to enforce his/her claim arising from a consumer dispute before a court in civil proceedings in accordance with Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure.
- TECHNICAL LIMITATIONS
Purchasing on the Website implies the Customer’s knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. Casino Mocca shall not be liable in the event of any malfunction of the Internet network which prevents the operation of the Website and the purchase
- UNILATERAL MODIFICATION OF THE GTC
Casino Mocca may amend these Terms and Conditions, the prices of the products sold on the Website and other prices displayed on the Website at any time with non-retrospective effect, such amendment to take effect upon posting on the Website and shall only apply to transactions after the effective date.
- INVALIDITY OF THE PROVISIONS OF THE GTC
If any provision of these GTC is held to be invalid, this shall not invalidate the contract entered into under these GTC and the other provisions of the contract shall remain in force. The remaining provisions of the contract shall be interpreted in a manner that best reflects the original intentions of Casino Mocca and the Customer.
Contracts entered into under these GTC shall not be governed by any custom or practice established between Casino Mocca and the Customer in their previous business relationship. Furthermore, the contracts concluded under these GTC shall not include any custom or practice widely known and regularly applied by the parties to a similar contract in the relevant business sector. These GTC and the information and other information available on the Website constitute the entire content of the contract between Casino Mocca and the Customer.
Effective date of the Terms and Conditions: 20.03.2020.