Terms and Conditions
These Terms and Conditions shall apply to all contracts entered into by “D’annaBy” or “Designs of Anna Bűdy” (“Anna Mária Bűdy-Rocháné”, "we" or "us") tax number: 146/168/71405, EU tax number:DE305066644 whose registered office is at Hans-Böckler-Str. 3. 80995 München, Germany. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
1. General Issues
a) When we receive your order you will receive an e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail (“Confirmation of Order”) which will confirm that we are able to send you the goods you have ordered, the price and the estimated delivery fee and date. Confirmation of Order shall contain all of the information regarding the goods you have ordered. You must immediately check the details contained in the Confirmation of Order and we advise you to print and keep a copy of it. You are able to correct errors in your order up to the point at which you click [“submit”] on your order.
b) Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.
c) Our website is made with care, in particular to ensure that prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. However, your order may not be accepted if there are material errors in the description of the goods you have ordered or their prices. All prices and offers are subject to change.
d) Our products are of high quality and supervised. Some parts of our goods are made by hands and they could bear signs of human hand which are not considered as fault and not relevant for using and displaying them. We recommend you to watch and check carefully the photos of our goods before the purchase.
e) We have aimed to ensure that the colors of our products appearing on our website are as near as possible to the color of the product. However, the actual colors you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise color of the product on delivery.
f) All products are unique and are subject to availability. We will inform you as soon as possible that the goods you have ordered are available or not.
g) All prices are displayed on the website, in Euros. Unless otherwise indicated these are inclusive of VAT. Payments can be made in Euros via direct money transfer to our account, or via PayPal Service.
2. Delivery
a) We will dispatch the goods ordered by you within the next 3 weekdays, or as soon as possible, after your order has been paid by you and accepted by us, to the shipping address you have given in your order. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the product you have ordered is not in stock at the time of placing your order or it is to be dispatched to an address outside of Germany or Austria or other Central European countries of the European Union (further EU).
b) Postal charges payable for goods dispatched in Hungary (in the EU) will be notified to you in the “Confirmation of Order” email. Deliveries outside of Hungary may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.
c) Title of the goods shall pass to you at the time payment for the goods is received by us in full. Risk in any product ordered will pass to you upon dispatch of your order.
d) We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. However, shipping insurance can be ordered by you as an additional safety measure and will be confirmed in the response email with the final pricing from us.
3. Returns Policy (except special ordered products)
a) If you cancel before the delivery process of any products has been initiated, your money will be refunded and the goods will not be delivered.
b.) D’annaBy is dedicated to offering high levels of quality and service. We check all our products with care, so we could accept an exchange for another D’annaBy product or a return of our product for refunding exclusively in rare cases which are carefully examined by us. We strongly recommend you to check every details of the chosen by you product carefully, as these can be seen on the published photos. However, if it presents some unexpected mistake we could exchange it or after receiving the questioned item, refund its price. Before returning any product, you must obtain a Return Authorization (RA) number. You can obtain an RA number by e-mailing your request to [email protected]. Please, indicate in your email the reason why the goods are being returned. All returned products must be accompanied by the original receipt which was put into the package and a delivery note indicating the reason why the goods are being returned.
c) We will offer a refund or exchange on an unworn, undamaged product with its undamaged original package (dust bag, box with logo, etc.) within 14 days of it being received by you. Refunds will be processed by the D’annaBy Team within four business days. Refunds will be made to the bank account or bank card you used to make the purchase in accordance with these Terms and Conditions. However we cannot be responsible for taxes, fees in addition, at the moment of receiving or at the moment of returning the price paid for the returned item.
d) D’annaBy offers high quality, all-checked products which are suitable, resistant and fully wearable. However these are handmade, so they could present the human hands’ “sign” in some cases. We would not consider that these “human hands’ sign” as a fault. If you return a product to us because it is faulty, and we accept it, we will include with your refund the postage that you were charged when purchasing the item, and the postage you paid when returning the product to us (this does not affect your statutory rights).
e) We cannot accept a return unfortunately if you return a product to us because it is disliked.
f) Products purchased online can be returned only via post. All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept a product for refund if it has been damaged in transit or otherwise. If the damaged item is to be sent back to the mailing address, new postage fees are responsibility of you (it should be paid to us in advance again).
g) We strongly recommend when returning products to us you use recorded or special delivery as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.
h) If your purchased at once goods need repairing due to wear and tear, repairs will be charged for. We will of course, provide a quotation for approval before proceeding with any repair work.
4. Liability
a) Except for death or personal injury due to our negligence or that of our employees, we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our goods including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen.
b) We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made.
c) You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
d) We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.
5. Adecuate Use of the Website
The User undertakes to use the Website, contents and services in accordance with the Law, these Terms and Conditions, codes of good conduct and public order. Likewise, the User undertakes not to use this website for illicit ends or purposes or which are contrary to the content of these Terms and Conditions, or detrimental to the interests or rights of third parties, or in any way that may harm, disable or impair this website or its services, or to prevent normal use of this website by other Users. Likewise, the User expressly undertakes not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others located on the Company Website. The User undertakes not to hinder the access of other users to the login service by means of massive consumption of the computer resources by means of which the Company offers the service, nor to undertake any activities which damage, disrupt or cause errors in the aforementioned systems. The User undertakes not to upload programs, viruses, macros, applets, ActiveX controls or any other logic device or sequence of characters which cause or are likely to cause any type of impairment to the computer systems of the Company or of third parties.
6. Links to Other Websites
We have placed links on this website to other websites we think you may want to visit. We do not inspect these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.
7. Copyright
a) All of the rights, including copyright and database rights, contained in this website are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
b) Under any condition, we cannot accept orders to produce goods to any specification which are not forming part of our own range of productions. When you order any special product, then you warrant to us that all copyright, patent, design and other intellectual property rights in such goods are not your property or that you have no license to use them. You shall fully indemnify us and keep us indemnified from and against all claim, demands, damages and expenses incurred by us arising out of any infringement or alleged infringement of such rights in respect of the goods produced to such specifications as foresaid. In the event that you fail to take delivery of whole or part of any order produced to such specification as aforesaid then we shall be entitled to sell such goods on our own behalf, and you will nevertheless fully indemnify us as aforesaid.
8. Disclaimer
Our website and all contents of it relating to D’annaBy/Designs of Anna Bűdy are provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied in respect of this website and/or the information contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Products (including any third party products) provided to you by means of this website shall have limited warranties which can be provided to you upon request to us.
9. Privacy Policy
a) All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.
b) When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.
c) We use cookies only to store information such as your User ID and your session identifiers and password to enable us to identify whether you are registered on to the Site and, if so, to shortcut your access to the site and any Products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Site.
d) We will not keep or retain any credit/debit card information, nor any bank account information of our clients or buyers. We will do the necessary actions for the security of the Data of our clients, however we cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security.
e) If you have any queries about our privacy policy, please contact us at the address provided in the chapter above the General Issues.
10. Cookies
a) What is a Cookie? A Cookie is a small packet of information that the Website sends to your computer for identification purposes in order to collect information on your visits and thus enable us to improve your experience of them. In all events, you can instruct your browser not to accept cookies or you can install an add-on in your browser to disable cookies. However, if you do so you must be aware that this website may have limited functionality or you may not be able to access some of its functionalities.
b) We do not use cookies to collect personal data and they are not required for visiting our website. They are used solely for statistical purposes and are what is known as click tracker information. This information enables us to understand our visitors’ preferences and improve their user experience.
c) If you are a registered customer or start a purchase process in our online shop, the use of cookies enables you to access your customer account or make a purchase.
11. Miscellaneous
a) If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
b) These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany and/or the European Union.
12. Special Ordered Products
a) Special ordered products are any goods specifically personalized and/or tailored to your specifications.
b) Orders for special ordered products cannot be cancelled or changed [once work has started on them].
c) Special ordered products which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of special ordered products returned in error.
d) We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting.
e) Faulty goods will be rectified free of charge. Any problems with any part of a special order must be reported to us within 7 days of receipt. Please e-mail to [email protected] who will contact you in regards to the fault and how to return the goods.
