General Standard Terms and Conditions of Black Dream Bt. for Private Customers/Consumers
Orders will only be accepted in accordance with the following conditions in their latest current form. Divergent terms and conditions by the customer shall have no validity. Insofar as the following conditions make no other stipulations, the standard conditions of the hungarian textile and clothing industry shall also apply.
2. Offers and Sales Contracts, Non-Assignment
Information in catalogues or in electronic media (especially on the website) do not represent offers but merely information on products and prices. An order can be accepted as an offer at the discretion of Black Dream by the sending of an order confirmation or delivery. Black Dream shall be entitled to refuse an order in part; a supply contract shall come into being to the accepted extent if the customer does not object immediately after delivery of the written order confirmation or goods.
3. Right of Revocation by the Customer
The order shall only become effective if it is not revoked within two weeks after receipt of the goods delivery. Alternatively to revocation, the customer shall also have the option of returning the goods within the revocation period. The time allowed for revocation shall begin only on receipt of the goods delivery. Punctual dispatch of the revocation or return of the goods to Black Dream, Bródy S. utca 30/A, 1088 Budapest, Hungary, shall be sufficient to observe the revocation period. Right of revocation shall not obtain for contracts to deliver goods tailor-made to customer specifications or clearly cut to meet personal requirements, or which because of their quality are not suitable for return shipment, or which have passed their expiry date, or for deliveries of audio or video recordings or of software insofar as the delivered data carriers have been unsealed by the consumer, or for the delivery of magazines.
In the case of revocation Black Dream shall refund payments already made for the delivery of the goods. The customer shall be obliged in this case to return the goods received. The customer shall be obliged to compensate if deterioration or destruction of the goods delivery has occurred or if it is impossible to recover possession of it, and the customer is responsible for these circumstances, i.e. in the case of intent or negligence. Insofar as the customer has made use of the goods in accordance with their intended use before exercising his right of revocation or withdrawal, he shall pay compensation for value for the deterioration caused by this. The customer can prevent this by not making use of the goods before revocation or withdrawal; the right of the customer to examine the goods shall remain unaffected by this.
Black Dream shall be entitled to withdraw from the contract if the goods ordered are not available through no fault of Black Dream. In this case Black Dream shall immediately inform the customer of the non-availability and immediately reimburse any counter-performances by the customer.
5. Prices and Deliveries
Black Dream has many items in stock. Other are mostly delivered withing 4-6 weeks. We keep our customers informed.
6. Payment, Default in Payment, Creditor's Delay
Black Dream shall deliver against cash in advance or cash on delivery. Black Dream shall not be obliged to make advance concessions.
If the customer is in a position of creditor's delay Black Dream shall have the right if it so chooses to withdraw from the contract or to demand damages for nonfulfilment when a set period of grace has also elapsed. In cases of default Black Dream shall be entitled to demand the return of goods delivered under reservation of ownership, without this being judged to be withdrawal from the contract, and to retain the goods until payment is effected.
7. Reservation of Ownership
Black Dream shall reserve the right of ownership of the delivered goods until the full retail price has been paid.
8. Warranty and Liability, Offsetting and Assignment
Black Dream shall give a warranty according to the legal stipulations. The limitation period is two years and begins with the transfer of the wares; in case the orderer is not the end consumer, the warranty shall be limited to 1 year. The warranty claim shall be initially limited to a remedying of defects. Should the remedying of defects fail two times, the orderer, notably the customer, is lawfully entitled at their option to withdraw from the contract or demand a commensurate abatement of the purchase price (reduction).
Obvious defects are to be reported to us in writing within 14 days of receiving the goods. In business transactions it is mandatory that the customer duly comply with all requirements to examine and give notice of defects.
Black Dream is not responsible for damage caused by mistaken or inappropriate use of the products. When cleaning articles made out of latex, rubber or leather, please only use products especially created for this purpose and observe our care instructions. Minor variations in colour within a reasonable range, e.g. resulting from printing, do not constitute a defect. The product liability law remains unaffected by this.
9. Data Protection
All personal data are treated as strictly confidentially. Black Dream uses and stores contractual data exclusively for the purposes of processing and handling your order and only within the framework of the statutory provisions. The data are subsequently deleted. The mail order company receives only such data as necessary for the delivery of the wares. Credit card institution or banks will also receive payment details in order to process credit card payments or direct debits. Otherwise, your data will not be passed on to a third party. You may request or alter your saved data, or ask that it be deleted. You may withdraw your consent to data storage at any time.
10. Storing of Contracts
The contract is stored in our files until the transaction has been completed and cannot be recalled after the completion of the ordering process.
Warning Notice (in particular for masks of all kinds, bondage and electrical items)
Black Dream expressly points out that all goods supplied are to be used only in accordance with specifications and any special notes on use which may be given in instruction leaflets are to be strictly followed in order to exclude all possibility of danger to life and limb. Any unauthorised alterations to the goods, particularly to electrical items, can lead to an increased danger to life and limb.
Black Dream products may be employed and used only with the consent of the people using them and not against a person's will.
Passing on to minors any articles supplied by us is inadmissible.
It is strongly recommended that goods supplied are used only in the presence of a partner or further person and that care is taken to keep respiratory passages free at all times, that free breathing is continuously ensured, that items of clothing and other pieces of equipment are not too tight and strangulations of any type are avoided.
Breathing masks supplied are unsuitable as protective masks against harmful substances in the air. Connecting air hoses or filters is therefore forbidden. There is an increased danger of suffocation with breathing masks and other masks of any type. Free breathing must be continuously ensured.
In principle the people involved should have themselves examined medically before using masks of all types, bondage and electrical items with regard to the safety of using them; this applies especially in the case of diseases or weaknesses of the respiratory passages, heart or circulation.
All items are checked in detail with regard to safety, however use of the items it at the customer's own risk. Black Dream in particular accepts no responsibility for physical, health or other damage of whatever kind caused by improper use of items. This does not affect the regulations of the product liability law.