Definitions

Webshop – The webpage www.hbsmedical.com

Seller – Aka. Our Company; HBS Medical Kft., whose registered office is Szent István park 26. fszt.2., 1137, Budapest, Hungary.

Customer – Aka. Buyer, the company who is purchasing products using the Webshop. A Customer can be either a Business to Business Customer – B2B Customer – or a Distributor.

B2B Customer – Business to Business Costumer, any Legal Entity who purchases Goods from our Webshop.

Distributor – Any Customer who purchases Goods from our Webshop to re-sell them in accordance with the contract between the Distributor and Our Company.

Product – Plural Products, aka. Goods, any product available for purchasing in our Webshop, sold by Our Company, bought by the Customer.

Price – Equals the amount of money paid by the Customer for a Product, according to the Order made by the Customer.

Catalogue Price – The price of a product shown on our Webpage. It might be amended from time to time.

Contractual Price – The price agreed in a separate contract between Our Company and the Customer. Customized products may only have Contractual Price.

Order – The intent expressed by the Customer to buy Product(s) in our Webshop. It can be either a Regular Order, or a Customized Order.

Regular Order – Ordering Goods for the Price shown in our Webshop, under the Terms and Conditions stated here.

Customized Order – Ordering Goods with different specifications shown in our Webshop (e.g. size, price).

Shipping – Aka. delivery, the process how the ordered Goods are delivered to the Customer.

Shipping Documents – the required documentation needed for performing the Shipping.

Contract – any written contract made between the Seller and the Customer. It might contain different terms and conditions to this document. Confirmation of an Order by the Seller considered to be a Contract.

Manufacturer – cWorld Ltd, 193-28, Neungan-ro, Jori-eup, Paju-si, Gyeonggi-do, Korea

Product Checklist – The form available on our Webpage which can be used by the Customer to examine whether all Products have been delivered in perfect condition.

General Conditions

(1) These Terms and Conditions shall apply to all contracts regarding the sale of any Goods by Our Company to the Customer. If any Separate Contract is made between our Company and a Customer and it contains any information different to these Terms and Conditions, the terms and conditions written in the Separate Contract shall apply. Any terms and conditions of these Terms and Conditions not elaborated in a Separate Contract shall apply to the Separate Contract, too.

(2) Any Customer may receive these Terms and Conditions by email upon request.

(3) Our Company has the right to amend these Terms and Conditions from time to time without the direct notification of previous B2B Customers or Distributors.

(4) The acceptance of a sales order confirmation or invoicing for the Goods shall be deemed conclusive evidence of the Customer’s acceptance of this Terms and Conditions document.

Product Information

(1) The specifications of a Product appearing in the Webshop match the actual specifications of the described Product. The Manufacturer has the right to amend specifications without noticing the Customers of the Seller. Our Company makes all reasonable effort to provide accurate and up-to-date information on all Products available in the Webshop. The Customer can confirm any specifications by contacting the Seller in case of doubt.

(2) Our Company reserves the right to

– change the price of a Product

– modify a Product, including its specifications

– withdraw a Product

without notifying the Customer beforehand.

Orders under completion shall not be altered due to these changes.

(3) Our Company makes all reasonable effort to illustrate every Product in the Webshop as accurate as it is possible. The Seller takes no responsibility for minor differences between the illustration of the Product and the delivered Product as long as the differences do not affect the usability of the Product or the specifications directly described in the Webshop. Any details of the Goods can be confirmed by the Customer by contacting our Company.

Payment Conditions

(1) The price of a Product shall be the Catalogue Price shown in the Webshop, at the time when an order is made.

(2) The Catalogue Price appearing in the Webshop is exclusive of VAT or any other applicable costs.

(3) The Catalogue Price appearing in the Webshop is exclusive of shipping costs, which shall be paid by the Customer. (EXW)

(4) The payment of the price, which shall include any other applicable costs, including but not limited to the costs described under (2) and (3), shall be performed after the Order has been made, in 3 work days.

(5) The payment may be performed in any of the following ways:

– by debit/credit card

– bank transfer

(6) The shipping of the products shall be performed after the payment has been done.

(7) The Order given by the Customer induces the movement of the Goods and the invoicing automatically, the Webshop is interconnected with the invoicing and the storing system. The purposes of the automatized process are

– to deliver the products in the possible fastest way to the Customer

– to ensure that no Product can be ordered if it is not in stock

– to minimize the chance of failure happening due to administrative and/or human mistakes.

Therefore, when the purchase has been submitted, the process of delivering the products to the customer is started instantly. For this reason, purchase orders, having been submitted, cannot be withdrawn.

(8) Our Company reserves the rights to secure the payment (by e.g. letter of credit or bank guarantee) in case of Separate Contracts, in which certain points of this section of the Terms and Conditions do not apply.

(9) If the payment has not been performed in the time period described under (4), the Seller shall have the rights to cancel the order.

Shipping and Collecting Conditions

(1) Products shall be delivered to the address given by the Customer. If there is no delivery address specified, the Products, by default, shall be delivered to the registered office of the Customer.

(2) The timescale of the Shipping and the gross weight and dimensions of the ordered Goods shall be specified by the Seller when the order has been made.

(3) The Goods are delivered by a truck or another suitable vehicle, depending on the gross weight of the ordered Goods. The delivery address given by the Buyer must be accessible by a truck safely, and must be available in working hours (corresponding to the general work schedule of the country where the Products are delivered to). It is the Customer’s responsibility to ensure that the truck is able to find a place for parking and the Products are being unloaded from the vehicle.

(4) The Goods are delivered by GLS at the price given when ordering the product at DDU terms (Delivered Duty Unpaid). Customer has the option to pick up the products at our warehouse, but we should be notified beforehand.

(5) Should the Shipping have different specifications upon request (e.g. air freight), Our Company reserves the right to charge extra costs to the Customer.

(6) Our Company makes every reasonable effort to meet the stated delivery period and to ship the Goods in perfect condition. Should the Seller be conscious of failing the Goods within the priorly specified time period, the Buyer shall be informed about it.

(7) Our Company shall not be liable if the Shipping fails to be completed due to reasons beyond its control.

(8) Our Company must be informed if the Buyer is unable to meet the necessary conditions for handling and/or unloading the Shipping, if the delivery becomes incompletable, or its specifications have changed. (Including but not limited to the following: the delivery address is unavailable due to road works or weather, the Buyer changes the delivery address, or the Goods might not be handled in working hours.) Our Company reserves the rights in these case to

– charge extra costs to the Costumer

– cancel the Shipping and charge 20% of the total price of the Goods to the Customer.

(9) If Our Company does not receive information that the Buyer is unable to meet the necessary conditions for handling and/or uploading the Shipping at the place stated in the Order by the time the Products have been delivered there, Our Company will try to contact the Customer in every reasonable way. The period of contacting attempts depends on the location where the Products are to be delivered to, but it shall never be less than 2 hours and never be more than 24 hours.

– If Our Company has successfully contacted the Customer, another appointment will be arranged for the delivery. In this case, the Customer may be charged for any additional costs occur due to the delay, and the Customer shall be liable for any damages induced by the delay.

– If Our Company has failed to contact the Customer within the time period described above, the Order shall be considered cancelled. In this case our company charges the 20% of the price of the ordered Goods and refunds the remaining portion of the money transferred before. In case of Customized Order we cannot offer any refund.

(10) Our Company shall not be liable for any losses, damages or expenses induced by the Buyer or any third party (including but not limited to the shipping company entrusted with the delivery).

(11) The Customer shall inform Our Company in their Order if they are to collect the ordered Products rather than having them shipped. The day of collection must be specified by the Customer. If the Products are not available on the specified day, the Seller shall inform the Customer about it and provide appropriate appointments for the collection.

(12) The ordered Goods can be collected by the Buyer from our warehouse, which is located on the following address: 59. Lőrinci út, 2220 Vecsés, Hungary. between the hours of 9:00–17:00, on Monday to Friday, excluding Bank Holidays. The Customer shall inform Our Company about the estimated time of arrival at least 1 hour priorly to the time of collection.

(13) It is the Customer’s responsibility to provide a suitable vehicle for collecting the Goods. If the Buyer is unable to collect the Goods at the specified and/or agreed appointment, they must inform the Seller about it. Should the storing of the Products have extra costs, the Seller reserves the rights to charge the Customer for them.

(14) Our Company shall be liable for the Goods until they have been dispatched from Our Company’s warehouse. In case of Shipping, the shipping company shall be liable for the Goods until the delivery has been completed. In case of collecting, the Buyer shall be liable for the Goods.

Return and Refund

(1) Our Company takes every reasonable effort to ensure that all the purchased products are being delivered in perfect condition. After the shipping has been completed, the Customer is to examine whether the ordered products have been delivered in perfect quantity and condition. This process can be done online by using our Delivered Product Checklist Page.

(2) The information given on the Product Checklist is submitted to Our Company automatically. In case every box on the Product Checklist has been marked by the Customer, the delivered products are considered to be accepted.

(3) In case the Product Checklist is not filled out within 3 work days after the delivery by the Customer, it counts as a waiver of claims regarding refund and return induced by the condition of the delivered Products, the Goods are considered to be accepted.

(4) In case of the delivered Goods are damaged, incomplete and/or their quantity and quality do not match the Order (any of the boxes of the Product Checklist cannot be marked by the Customer), the Customer can contact Our Company in any of the following ways

  • explaining and documenting the situation using the following form
  • contacting our Company via email, using the following address
  • calling our support line, using the following number

(5) The process of return or refund of any Products shall be a subject to approval from Our Company.

(6) Any claim from the Customer side for return or refund is to be submitted to the Seller within 14 days after the delivery has been completed. With the exceptions described under the Warranty section of these Terms and Conditions, refunding or changing products after 14 days is not possible.

(7) Any Product can be a subject of change within the time period described under (6), regardless of the delivered Products have been accepted by the Customer, assuming none of the conditions elaborated under (9) stand. The shipping costs of the process shall be borne by the Customer, which includes returning the priorly ordered product and delivering the new one. In case of changing a product no conditions or prerequisites of submitting a Purchase order shall apply.

(8) Any Product can be a subject of refund within the time period described under (6), regardless of the delivered Products have been accepted by the Customer, assuming none of the conditions elaborated under (9) stand. The amount of refund is 80% of the price of the Goods subject to refund at which the purchase was originally made.

(9) A Product cannot be refunded nor changed if its condition makes its repeated selling impossible. This includes but not limited to the following:

  • customized Products, including but not limited to embroideries (logos, name tags) and size alternations
  • Products having missing parts or elements
  • Products without their original packaging
  • damaged Products if the damage is induced by the inappropriate use, maintenance cleaning or storing of the Product
  • damaged Products if the damage is induced by any intentional misusing or abusing of the Product
  • single use (disposable) Products if they have been removed from their packaging or if its packaging has been broken
  • Products that can be used only if they are attached to external surfaces and/or other immobile elements after they have been mounted
  • Products that are sold only in the form of a package Offer (unless all Products of the Offer are subjects of refund or change)

(10) The amount of refund shall be transferred within  7work days after the Product subject to refund has arrived back to Our Company providing its condition enables repeated selling.

(11) The delivery of the new Product shall take place within 7 work days after the Product subject to change has been delivered Our Company, the Shipping cost has been transferred and the Customer has given the specifications of the new Product they want to obtain.

(12) As soon as the Seller becomes informed about the Customer’s intention of change and the specifications of the desired new Product, Our Company will take every reasonable effort to ensure that the new Product will be available on stock when the change shall take place. If it becomes evident that the shipping of the new product cannot be started within 7 work days, the Seller shall inform the Customer about the situation and the estimated time of arrival of the new Product. The Customer may have a free choice of any of the following:

  • waiting for the delayed arrival of the new Product
  • modifying the order of the Product they wish to receive in change
  • claiming a refund instead of changing the Product.

 

(13) In case of any Product has been delivered in defective condition according to the Product Checklist filled in by the Customer within the time period described under (3), the conditions of refund and return described in this section shall apply with the following differences:

– in case of changing a Product the Shipping cost shall be borne by the Seller

– in case of refund the amount of refund is the 100% of the original price of the Product.

(14) A Product can be refunded but cannot be changed if the Product is not manufactured any more and it is not on stock any more.

(15) Single use (disposable) Products can be refunded but cannot be changed.

(16) Unless it is stated otherwise in a customized Contract made between our Company and the Customer, our Company cannot take any responsibility regarding changing or refunding Products re-distributed by the Customer after the Shipping has been completed and accepted (see points (2), (3) and (4)).

(17) In case of any damage or defect of a Product which is a subject to warranty, our Company shall give a full refund or the cost-free change of the product within the time of the warranty. Our Company reserves the rights to investigate the situation. Regarding all other aspects, the policy followed by Our Company is described in this section of these Terms and Conditions.

Liability

(1) Our Company shall not be liable for any persons or parties representing or acting on the behalf of the Seller, the Buyer, or any party being involved in the process of completing an Order regarding the following:

– the quality of the Products

– the specifications of the Products

– the correspondence between the delivered Products and the Products presented in our Webshop.

(2) Our Company shall not be liable for any implications made by the Customer, or any persons or parties representing or acting on the behalf of the Seller, the Buyer, or any party being involved in the process of completing an Order regarding the quality and specifications of the Products, or their suitability for any purpose the Customer’s intentions of use.

(3) Our Company shall not be liable for any loss or damage suffered by the Customer induced by the inappropriate use of any Products. In case of any loss or damage suffered by the Customer along the intended use of the Products which are in a condition which makes them suitable for the intended use, liability should be addressed to the Manufacturer.

(4) Our Company shall not be liable for any delay or failure to perform any obligations stated in these Terms and Conditions if it is induced by force majeure events, including but not limited to the following: accidents, natural disasters, breakdown of machinery, unavailability of raw materials, strike, acts of Gods, or personnel transmuted into whales and petunias. If any delay persists for an amount of time which Our Company considers unreasonable or if any effort made to overcome the obstacles induced by a force majeure event is futile, the Seller may terminate the contract without any liability.

Miscellaneous

(1) Our Company makes every reasonable effort to maintain the safety of the Webshop. For any losses and damages induced by using the Webshop Our Company shall not be liable.

(2) The waiver or failure to enforce of any parts of these Terms and Conditions by either party shall not be construed as a waiver of the other parts of these Terms and Conditions, nor as a waiver of the same part of it any time subsequently.

(3) If any term or provision of these Terms and Conditions becomes stated invalid, unenforceable or illegal for any reason and by any court, the remaining part of these Terms and Conditions still shall apply.

(4) These Terms and Conditions and any contracts made between Our Company and the Customer shall be governed and construed in accordance with the law of Hungary. The parties hereby submit to the exclusive jurisdiction of the Hungarian courts.