TERMS AND CONDITIONS

The Terms and Conditions (hereinafter referred to as Terms and Conditions) include the rights and obligations of Sagío Fashion Kft (hereinafter referred to as the Seller), operator of the website https://www.thesagio.com/ (hereinafter referred to as the Website), and the Buyer (hereinafter referred to as the Buyer), who uses the electronic commercial services provided by the Seller via the Website. (The Seller and the Buyer are hereinafter together referred to as the Parties.)

Shopify International Ltd. (hereinafter referred to as Web Host) is involved in providing the infrastructure (server and web hosting).

1.       Services

The Seller sells designer fashion products for the Buyers via the Website.

2.       Seller data: 

Name:

Sagio Fashion Kft.

Seat:

1068 Budapest, Hungary, Városligeti fasor 34-36.

Tax number:

32469361-2-42

Trade register number:

01 09 425769

Email:

info@thesagio.com

 

Website:

https://www.thesagio.com/

 

3.       Web Host data:

Name:

Shopify International Ltd.,

 

Seat:

2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

 

Tax number:

IE 3347697KH

 

Email:

https://help.shopify.com/en/

 

Website:

https://shopify.com/.

 

4.       Scope, subjects and duration of the Terms and Conditions

4.1    Scope of this document

The Terms and Conditions apply to the rules of shopping via the Seller’s website, and to the rights and obligations of the Parties.

The current version of the Terms and Conditions is always available for printing via the Website of the Seller.

4.2    Subjects

The Terms and Conditions apply to the Seller and the Buyer.

4.3    Validity of the Terms and Conditions

The Terms and Conditions in effect at the time of the shopping apply to shopping via the website.

4.4    Duration

The Terms and Conditions shall take effect on 20 June 2024 for an indefinite time.

5.       The contract

5.1    General

The Terms and Conditions apply to all electronic commercial services that take place via the Website, between the Parties. Orders placed via the Website are classified as contracts concluded by electronic means, and thus the Act CVIII of 2001 on Electronic Commerce and on Information Society Services shall apply.

The Contract is governed by Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and takes into consideration Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

The Contract is entered into between the Seller and the Buyer when the Seller explicitly states (confirms) to the Buyer that the Seller is accepting the Buyer’s order. The Contract is subject to the terms and conditions specified by the Seller in the order confirmation.

The Contract between the Parties is considered to be concluded by electronic means but is not considered written (signed). The contents of the Contract are archived by the Seller and retained for five years from the creation of the contract, which allows for future access. The Contract is made in English.

The Buyer is responsible for providing truthful and accurate information when registering an account and placing an order.

5.2       Website information

Product information (such as photos, delivery dates, prices) on the website are for informative purposes only.

Prices displayed on the Website are gross prices that include value added tax, as per the relevant legislation.

5.3       The purchase process

5.3.1       Registering an account

During the registration process the Buyer is required to provide personal data. By submitting the required data, the registration process will be completed. The Seller has an elaborate Privacy Policy regarding data processing. The Privacy Policy is available on the Website for the Buyer to read before the registration process. In order to complete registration, the Buyer must state that the they have read the Privacy Policy and the Terms and Conditions, and consent to them.

The Buyer is responsible for keeping the account password confidential.

After registration, the Seller will send a link to the email address provided by the Buyer. The Buyer should click on the link to confirm the registration process. Registration in the Seller’s system is complete when the Buyer clicks on the link.

The Buyer may add or modify personal data and password after the successful completion of the registration process.

The Seller reserves the right to delete or suspend unlawful accounts at any time without warning.

The Buyer may request via email sent to the Seller to have the Buyer’s account deleted. The Seller will act accordingly within five workdays. Regardless of deleting the Account, the Seller is obliged to retain certain data in accordance with legal regulations.

The Buyer may view their previous purchases and invoices by logging in to their account.

5.3.2       Placing an order

Placing an order via the Website is by electronic means only.

Buyers may place their orders as registered users after logging in, or without registering, after providing the necessary data.

Buyers can place the required items into their electronic cart by clicking on the “add to cart” button next to the item.

The Buyer should choose method of delivery and shipping, provide shipping data, then click “checkout” to move on to choosing the preferred payment method.

Items may be deleted from the cart at any time during the ordering process by decreasing the number (“quantity”) shown next to the item’s name (and photo), or using the “remove” button at the bottom of the list of products.

The Seller has an elaborate Privacy Policy regarding data processing. The Privacy Policy is available on the Website for the Buyer to read before ordering. In order to complete placing an order, the Buyer must state that the Buyer has read the Privacy Policy and the Terms and Conditions, and consents to them.

The order can be finalised by proceeding to the checkout by clicking the checkout button.

By finalising the order the Buyer undertakes to pay for the order as per the Buyer’s preferred payment method.

The Seller will send information and automatic confirmation electronically to the Buyer within the maximum of 48 hours of the order placement. This automatic confirmation from the Seller is not an order confirmation. If such confirmation is not received by the client within 48 hours, the Buyer is relieved from any contractual commitment. The Seller processes the order, then sends detailed information and the terms and conditions of fulfilling the order via email to the Buyer. This latter email from the Seller is the actual order confirmation.

5.3.3       Payment

The Buyer may choose from the following payment methods:

  • online credit card payment
  • PayPal
  • ???

The Seller displays the terms and conditions, and fees regarding each payment method on its Website.

5.3.4       Delivery and shipping

With the help of contracted shipping partners, the Seller undertakes to deliver the item(s) ordered to the delivery address stated by the Buyer when ordering.

The Seller informs the Buyer about the shipping cost during the ordering process, and via the designated pages of the Website. The Seller informs the Buyer in advance regarding the estimated delivery date; however, information regarding shipping and delivery are for informative purposes only, they do not constitute parts of the Contract.

If the Buyer chooses to pick the order up in person, the Seller will inform the Buyer via email when the order is ready for pickup.

6.     Performance:

6.1       Modification or cancellation of the Contract

Prior to the commencement of the contract performance, the contract may be modified or cancelled freely, without any consequences. This should be done in writing via email.

Right of cancellation of orders placed is regulated by Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses (hereinafter referred to as the Government Decree), and by the Civil Code of Hungary.

The Government Decree allows the Buyer to cancel the order before it is shipped, without providing a reason.

The Buyer may exercise their right to cancel the contract 14 days within delivery. It is enough to send to written request of cancellation for the Seller within the abovementioned timeframe. The request of cancellation may be sent to the email address info@thesagio.com, or to the Seller’s mailing address via registered mail.

Delivery date may be verified by the invoice or the confirmation note of the shipping carrier.

In the event of cancellation, the Buyer is obliged to return the product(s) at their own expense, without undue delay, but 14 days within communicating the request for cancellation the latest, to the address of the Seller, or give the product(s) to the Seller, and the Seller is obliged to refund the purchase price of the product(s) 14 days within learning about the cancellation the latest, provided that the product(s) has/have been returned. In the event of cancellation, the Buyer bears only the costs of returning the product(s). The Seller may withhold the purchase price until the Buyer returns the product(s).

The Seller accepts cancellation and refund the price only for unused products in their original condition and with original packaging/tags.

Unless the Buyer requests or specifically allows using a different payment method, the Seller will refund the money using the same payment method of the original transaction.

The Seller may demand a reimbursement for its damages resulting from amortisation by use beyond the use necessary to determine the character and nature of the product, or from improper use of the product.

  • Warranty

The terms and conditions regarding warranty and guarantee claims are governed by the Decree NGM 19/2014. (IV.29.), and the warranty certificate enclosed with the product(s).

  • Warranty for material defects

In the event of defective performance, the Buyer may assert claim for warranty for material defects in accordance with the regulations of the Civil Code and Government Decree 151/2003. (IX.22.).

Subject to the Buyer’s choice, the Buyer may claim warranty for material defects as follows:

may claim repair or replacement, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or if it would result in disproportionate additional costs to the Seller compared to satisfying a different claim for warranty for material defects. If repair or replacement was not or could not be requested, the Buyer may claim the pro rata reduction of the price; may repair the defect himself or have it repaired by somebody else at the Seller’s expense; or, as a final measure may cancel the contract.

The Buyer may switch from the chosen remedy for breach of warranty for material defects to another remedy. However, the Buyer shall pay the costs caused by the switch, unless the Seller caused the switch or the switch was otherwise justified.

Following the detection of the defect, the Buyer is required to communicate the defect to the Seller without delay, no later than within two months following the detection (and within the maximum of two years within performance of the contract).

Within six month of the performance of the contract the only requirements for claiming for warranty for material defects are communicating the defect and the Buyer should be able to verify that the product was purchased from the Seller.

When performance of the contract took place more than six month before, it is the Buyer’s obligation to prove that the fault detected has been present at the time of the performance.

  • Product warranty

In the event of defective product, the Buyer may choose between exercising their right as per 6.2.1, or claiming product warranty.

The Buyer may claim either the repair of the defect, or replacement.

A product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer/manufacturer.

The Buyer may claim product warranty for two years after the producer/manufacturer placed the relevant product on the market. It is the Buyer’s obligation to prove the defect of the product when claiming product warranty.

The Buyer cannot claim warranty for material defects and product warranty at the same time for the same defect.

6.3    Complaints

The Buyers may file their complaints in writing or via phone, using the contacts stated in section 2.

Budapest Főváros Kormányhivatala Fogyasztóvédelmi Felügyelősége [Consumer Protection Association of the Government Office of the Capitol Budapest]:

address: 1052 Budapest [Hungary], Városház utca 7.

mailing address: 1364 Budapest, Pf.: 144.

phone number: +36 (1) 328-0185

fax number: +36 (1) 411-0116

In the event of legal disputes arising from the contract, the Budapesti Békéltető Testület (conciliatory body of Budapest) shall be the competent body.

address: 1016 Budapest, Krisztina körút 99. III. emelet 310.,

mailing address: 1253 Budapest, Pf.: 10.,

email address: bekelteto.testulet@bkik.hu,

fax number: +36 (1) 488-2186

phone number: +36 (1) 488-2131.

7.       Information, system messages

The Seller is entitled to send the Buyer information and/or system messages relating to the service during the existence of the Contract.

8.       Miscellaneous

8.1    Language

This document and the Contracts that are governed by the Terms and Conditions are available in English.

8.2    Copyright

The entire website (text, photos, images and graphics etc.) is under copyright protection, which means it is forbidden to copy, modify or distribute it for commercial reasons.

8.3    Prevailing law, court

This Contract is governed by the Hungarian law. In the event of legal disputes arising from, based on or relating to the Contract or the preceding negotiations, the competent Hungarian court should be contacted.

8.4    Modifying the Terms and Conditions

The Seller may modify the Terms and Conditions at any time. The Seller must inform the Buyers in writing at least 30 calendar days before the date of the intended modifications coming into effect.

8.5    Data protection

The Seller (as controller) processes the personal data of the Buyer (as data subject) in connection with the Services. The detailed Privacy Policy of the Seller is available on the link: link